2005 No. 1970 CIVIL AVIATION - Legislation.gov.uk...Airworthiness and Equipment of Aircraft 8. Certiﬁcate of airworthiness to be in force 9. Issue, renewal, etc., of national certiﬁcates

S T A T U T O R Y I N S T R U M E N T S

2005 No. 1970

CIVIL AVIATION

The Air Navigation Order 2005

Made - - - - - 19th July 2005

Laid before Parliament 29th July 2005

Coming into force - - 20th August 2005

ARRANGEMENT OF ORDER

1. Citation and Commencement

2. Revocation

PART 1

Registration and Marking of Aircraft

3. Aircraft to be registered

4. Registration of aircraft in the United Kingdom

5. Nationality and registration marks

PART 2

Air Operators’ Certificates

6. Grant of air operators’ certificates

7. Grant of police air operators’ certificates

PART 3

Airworthiness and Equipment of Aircraft

8. Certificate of airworthiness to be in force

9. Issue, renewal, etc., of national certificates of airworthiness

10. Validity of certificate of airworthiness

11. Issue, validity etc., of national permits to fly

12. Issue of EASA permits to fly

13. Issue etc. of certificates of validation of permits to fly or equivalent documents

14. Certificate of maintenance review

15. Technical Log

16. Requirement for a certificate of release to service

17. Requirement for a certificate of release to service under Part 145

18. Licensing of maintenance engineers

19. Equipment of aircraft

[DfT 13562]

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20. Radio equipment of aircraft

21. Minimum equipment requirements

22. Aircraft, engine and propeller log books

23. Aircraft weight schedule

24. Access and inspection for airworthiness purposes

PART 4

Aircraft Crew and Licensing

25. Composition of crew of aircraft

26. Members of flight crew—requirement for licence

27. Grant, renewal and eVect of flight crew licences

28. Maintenance of privileges of aircraft ratings in United Kingdom licences

29. Maintenance of privileges of aircraft ratings in JAR-FCL licences, United Kingdomlicences for which there are JAR-FCL equivalents, United Kingdom BasicCommercial Pilot’s Licences, and United Kingdom Flight Engineer’s Licences

30. Maintenance of privileges of aircraft ratings in National Private Pilot’s Licences

31. Maintenance of privileges of other ratings

32. Medical requirements

33. Miscellaneous licensing provisions

34. Validation of licences

35. Personal flying log book

36. Instruction in flying

37. Glider pilot—minimum age

PART 5

Operation of Aircraft

38. Operations manual

39. Police operations manual

40. Training manual

41. Flight data monitoring, accident prevention and flight safety programme

42. Public transport—operator’s responsibilities

43. Loading—public transport aircraft and suspended loads

44. Public transport—aeroplanes—operating conditions and performance requirements

45. Public transport—helicopters—operating conditions and performance requirements

46. Public transport operations at night or in Instrument Meteorological Conditions byaeroplanes with one power unit which are registered elsewhere than in the UnitedKingdom

47. Public transport aircraft registered in the United Kingdom—aerodrome operatingminima

48. Public transport aircraft registered elsewhere than in the United Kingdom—aerodrome operating minima

49. Non-public transport aircraft—aerodrome operating minima

50. Pilots to remain at controls

51. Wearing of survival suits by crew

52. Pre-flight action by commander of aircraft

53. Passenger briefing by commander

54. Public transport of passengers—additional duties of commander

55. Operation of radio in aircraft

56. Minimum navigation performance

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57. Height keeping performance—aircraft registered in the United Kingdom

58. Height keeping performance—aircraft registered elsewhere than in the UnitedKingdom

59. Area navigation and required navigation performance capabilities—aircraft registeredin the United Kingdom

60. Area navigation and required navigation performance capabilities—aircraft registeredelsewhere than in the United Kingdom

61. Use of airborne collision avoidance system

62. Use of flight recording systems and preservation of records

63. Towing of gliders

64. Operation of self-sustaining gliders

65. Towing, picking up and raising of persons and articles

66. Dropping of articles and animals

67. Dropping of persons and grant of parachuting permissions

68. Grant of aerial application certificates

69. Carriage of weapons and of munitions of war

70. Carriage of dangerous goods

71. Method of carriage of persons

72. Exits and break-in markings

73. Endangering safety of an aircraft

74. Endangering safety of any person or property

75. Drunkenness in aircraft

76. Smoking in aircraft

77. Authority of commander of an aircraft

78. Acting in a disruptive manner

79. Stowaways

80. Flying displays

PART 6

Fatigue of Crew and Protection of Crew from Cosmic Radiation

81. Application and interpretation of Part 6

82. Fatigue of crew—operator’s responsibilities

83. Fatigue of crew—responsibilities of crew

84. Flight times—responsibilities of flight crew

85. Protection of air crew from cosmic radiation

PART 7

Documents and Records

86. Documents to be carried

87. Keeping and production of records of exposure to cosmic radiation

88. Production of documents and records

89. Production of air traYc service equipment documents and records

90. Power to inspect and copy documents and records

91. Preservation of documents, etc.

92. Revocation, suspension and variation of certificates, licences and other documents

93. Revocation, suspension and variation of permissions, etc. granted under article 138 orarticle 140

94. OVences in relation to documents and records

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PART 8

Movement of Aircraft

95. Rules of the Air

96. Power to prohibit or restrict flying

97. Balloons, kites, airships, gliders and parascending parachutes

98. Regulation of small aircraft

99. Regulation of rockets

PART 9

Air TraYc Services

100. Requirement for an air traYc control approval

101. Duty of person in charge to satisfy himself as to competence of controllers

102. Manual of air traYc services

103. Provision of air traYc services

104. Making of an air traYc direction in the interests of safety

105. Making of a direction for airspace policy purposes

106. Use of radio call signs at aerodromes

PART 10

Licensing of Air TraYc Controllers

107. Prohibition of unlicensed air traYc controllers and student air traYc controllers

108. Grant and renewal of air traYc controller’s and student air traYc controller’s licences

109. Privileges of an air traYc controller’s licence and a student air traYc controller’slicence

110. Maintenance of validity of ratings and endorsements

111. Obligation to notify rating ceasing to be valid and change of unit

112. Requirement for medical certificate

113. Appropriate licence

114. Incapacity of air traYc controllers

115. Fatigue of air traYc controllers—air traYc controllers’ responsibilities

116. Prohibition of drunkenness etc. of controllers

117. Failing exams

118. Use of simulators

119. Approval of courses and persons

120. Acting as an air traYc controller and a student air traYc controller

PART 11

Flight Information Services and Licensing of Flight Information Service OYcers

121. Prohibition of unlicensed flight information service oYcers

122. Licensing of flight information service oYcers

123. Flight information service manual

PART 12

Air TraYc Service Equipment

124. Air traYc service equipment

125. Air traYc service equipment records

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PART 13

Aerodromes, Aeronautical Lights and Dangerous Lights

126. Aerodromes—public transport of passengers and instruction in flying

127. Use of Government aerodromes

128. Licensing of aerodromes

129. Charges at aerodromes licensed for public use

130. Use of aerodromes by aircraft of Contracting States and of the Commonwealth

131. Noise and vibration caused by aircraft on aerodromes

132. Aeronautical lights

133. Lighting of en-route obstacles

134. Lighting of wind turbine generators in United Kingdom territorial waters

135. Dangerous lights

136. Customs and Excise aerodromes

137. Aviation fuel at aerodromes

PART 14

General

138. Restriction on carriage for valuable consideration in aircraft registered elsewhere thanin the United Kingdom

139. Filing and approval of tariVs

140. Restriction on aerial photography, aerial survey and aerial work in aircraft registeredelsewhere than in the United Kingdom

141. Flights over any foreign country

142. Mandatory reporting of occurrences

143. Mandatory reporting of birdstrikes

144. Power to prevent aircraft flying

145. Right of access to aerodromes and other places

146. Obstruction of persons

147. Directions

148. Penalties

149. Extra-territorial eVect of the Order

150. Aircraft in transit over certain United Kingdom territorial waters

151. Application of Order to British-controlled aircraft registered elsewhere than in theUnited Kingdom

152. Application of Order to the Crown and visiting forces, etc.

153. Exemption from Order

154. Appeal to County Court or SheriV Court

155. Interpretation

156. Meaning of aerodrome traYc zone

157. Public transport and aerial work—general rules

158. Public transport and aerial work—exceptions—flying displays etc

159. Public transport and aerial work—exceptions—charity flights

160. Public transport and aerial work—exceptions—cost sharing

161. Public transport and aerial work—exceptions—recovery of direct costs

162. Public transport and aerial work—exceptions—jointly owned aircraft

163. Public transport and aerial work—exceptions—parachuting

164. Exceptions from application of provisions of the Order for certain classes of aircraft

165. Approval of persons to furnish reports

166. Certificates, authorisations, approvals and permissions

167. Competent authority

168. Saving

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SCHEDULES

SCHEDULE 1 Orders revoked

SCHEDULE 2 Classification and marking ofaircraft and dealer certification

PART A Classification of aircraft

PART B Nationality and registration marks ofaircraft registered in the UnitedKingdom

PART C Conditions in aircraft dealer’scertificate

SCHEDULE 3 A and B Conditions andcategories of certificate ofairworthiness

PART A A and B Conditions

PART B Categories of certificate ofairworthiness and purposes for whichaircraft may fly

SCHEDULE 4 Aircraft equipment

SCHEDULE 5 Radio communication and radionavigation equipment to becarried in aircraft

SCHEDULE 6 Aircraft, engine and propeller logbooks

SCHEDULE 7 Areas specified in connectionwith the carriage of flightnavigators as members of theflight crews or suitablenavigational equipment on publictransport aircraft

SCHEDULE 8 Flight crew of aircraft—licences,ratings, qualifications andmaintenance of licence privileges

PART A Flight crew licences

PART B Ratings and qualifications

PART C Maintenance of licence privileges

SCHEDULE 9 Public transport—operationalrequirements

PART A Operations Manual

PART B Training Manual

PART C Crew training and tests

SCHEDULE 10 Circumstances in whichdocuments are to be carried

SCHEDULE 11 Air traYc controllers—licences,ratings, endorsements andmaintenance of licence privileges

PART A Air traYc controller licences

PART B Ratings, rating endorsements andlicence endorsements

SCHEDULE 12 Air traYc service equipment—records required and matters towhich the CAA may have regard

PART A Records to be kept in accordancewith article 125(1)

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PART B Records required in accordance witharticle 125(4)(c)

PART C Matters to which the CAA may haveregard in granting an approval ofapparatus under article 125(5)

SCHEDULE 13 Aerodrome Manual

SCHEDULE 14 Penalties

PART A Provisions referred to in article 148(5)

PART B Provisions referred to in article 148(6)

PART C Provisions referred to in article 148(7)

SCHEDULE 15 Parts of straits specified inconnection with the flight ofaircraft in transit over UnitedKingdom territorial waters

At the Court at Buckingham Palace, the 19th day of July 2005

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 2(2) of the EuropeanCommunities Act 1972(a), sections 60 (other than sub-section (3)(r)), 61, 77, 101 and 102 andSchedule 13 to the Civil Aviation Act 1982(b) and section 35 of the Airports Act 1986(c) ispleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, asfollows:

Citation and Commencement

1. This Order may be cited as the Air Navigation Order 2005 and shall come into force on20th August 2005.

Revocation

2. The Orders specified in Schedule 1 are hereby revoked.

PART 1

Registration and Marking of Aircraft

Aircraft to be registered

3.—(1) Subject to paragraphs (2), (3) and (4) an aircraft shall not fly in or over the UnitedKingdom unless it is registered in—

(a) some part of the Commonwealth;

(b) a Contracting State; or

(c) some other country in relation to which there is in force an agreement between HerMajesty’s Government in the United Kingdom and the Government of that countrywhich makes provision for the flight over the United Kingdom of aircraft registeredin that country.

(2) A non-EASA glider may fly unregistered, and shall be deemed to be registered in theUnited Kingdom for the purposes of articles 19, 20, 26 and 52, on any flight which—

(a) begins and ends in the United Kingdom without passing over any other country; and

a)( 1972 c. 68; the powers conferred by section 2(2) were extended, in relation to the EEA, by section 2 of the EuropeanEconomic Area Act 1993 (c. 51).

b)( 1982 c. 16; sections 60 and 61 have been amended by the Airports Act 1986 (c. 31) Schedule 6 Part 11, and section 60was further amended by the Aviation and Maritime Security Act 1990 (c. 31), section 47 and Schedule 4.

c)( 1986 c. 31.

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(b) is not for the purpose of public transport or aerial work other than aerial work whichconsists of the giving of instruction in flying or the conducting of flying tests in a gliderowned or operated by a flying club of which the person giving the instruction orconducting the test and the person receiving the instruction or undergoing the test areboth members.

(3) Any non-EASA aircraft may fly unregistered on any flight which—

(a) begins and ends in the United Kingdom without passing over any other country, and

(b) is in accordance with the B Conditions.

(4) Paragraph (1) shall not apply to any non-EASA kite or non-EASA captive balloon.

(5) If an aircraft flies over the United Kingdom in contravention of paragraph (1) in suchmanner or circumstances that if the aircraft had been registered in the United Kingdom anoVence against this Order or any regulations made thereunder would have been committed, thelike oVence shall be deemed to have been committed in respect of that aircraft.

Registration of aircraft in the United Kingdom

4.—(1) The CAA shall be the authority for the registration of aircraft in the UnitedKingdom and shall be responsible for maintaining the register and may record therein theparticulars specified in paragraph (7) in a legible or a non-legible form so long as the recordingis capable of being reproduced in a legible form.

(2) Subject to the provisions of this article, an aircraft shall not be registered or continue tobe registered in the United Kingdom if it appears to the CAA that—

(a) the aircraft is registered outside the United Kingdom and that such registration doesnot cease by operation of law upon the aircraft being registered in the UnitedKingdom;

(b) an unqualified person holds any legal or beneficial interest by way of ownership in theaircraft or any share therein;

(c) the aircraft could more suitably be registered in some other part of theCommonwealth; or

(d) it would not be in the public interest for the aircraft to be or to continue to beregistered in the United Kingdom.

(3) The following persons and no others shall be qualified to hold a legal or beneficial interestby way of ownership in an aircraft registered in the United Kingdom or a share therein—

(a) the Crown in right of Her Majesty’s Government in the United Kingdom;

(b) Commonwealth citizens;

(c) nationals of any EEA State;

(d) British protected persons;

(e) bodies incorporated in some part of the Commonwealth and having their principalplace of business in any part of the Commonwealth;

(f) undertakings formed in accordance with the law of an EEA State and having theirregistered oYce, central administration or principal place of business within theEuropean Economic Area; or

(g) firms carrying on business in Scotland and in this sub-paragraph ‘firm’ has the samemeaning as in the Partnership Act 1890(a).

(4) If an unqualified person—

(a) residing or having a place of business in the United Kingdom holds a legal orbeneficial interest by way of ownership in an aircraft, or a share therein, the CAA,upon being satisfied that the aircraft may otherwise be properly so registered, mayregister the aircraft in the United Kingdom;

(b) has registered an aircraft in pursuance of this paragraph he shall not cause or permitthe aircraft, while it is so registered, to be used for the purpose of public transport oraerial work.

a)( 1890 c. 39.

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(5) If an aircraft is chartered by demise to a person qualified as aforesaid the CAA may,whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein,register the aircraft in the United Kingdom in the name of the charterer by demise upon beingsatisfied that the aircraft may otherwise be properly so registered, and subject to the provisionsof this article the aircraft may remain so registered during the continuation of the charter.

(6) Application for the registration of an aircraft in the United Kingdom shall be made inwriting to the CAA, and shall—

(a) include or be accompanied by such particulars and evidence relating to the aircraftand the ownership and chartering thereof as it may require to enable it to determinewhether the aircraft may properly be registered in the United Kingdom and to issuethe certificate referred to in paragraph (8); and

(b) in particular, include the proper description of the aircraft according to column 4 ofthe “Classification of aircraft” in Part A of Schedule 2.

(7) Upon receiving an application for the registration of an aircraft in the United Kingdomand being satisfied that the aircraft may properly be so registered, the CAA shall register theaircraft, wherever it may be, and shall include in the register the following particulars—

(a) the number of the certificate;

(b) the nationality mark of the aircraft, and the registration mark assigned to it by theCAA;

(c) the name of the constructor of the aircraft and its designation;

(d) the serial number of the aircraft;

(e) the name and address of every person who is entitled as owner to a legal interest inthe aircraft or a share therein, or, in the case of an aircraft which is the subject of acharter by demise, the name and address of the charterer by demise; and

(f) in the case of an aircraft registered in pursuance of paragraphs (4) or (5), an indicationthat it is so registered.

(8) The CAA—

(a) shall, subject to sub-paragraph (b) furnish to the person in whose name the aircraftis registered (hereinafter in this article referred to as “the registered owner”) acertificate of registration, which shall include the foregoing particulars and the dateon which the certificate was issued;

(b) shall not be required to furnish a certificate of registration if the registered owner isthe holder of an aircraft dealer’s certificate granted under this Order who has madeto the CAA and has not withdrawn a statement of his intention that the aircraft is tofly only in accordance with the conditions in an aircraft dealer’s certificate in Part Cof Schedule 2, and in that case the aircraft shall fly only in accordance with thoseconditions.

(9) The CAA may grant to any person qualified as aforesaid an aircraft dealer’s certificateif it is satisfied that he has a place of business in the United Kingdom for buying and sellingaircraft.

(10) Subject to paragraphs (4), (5) and (17), if at any time after an aircraft has been registeredin the United Kingdom an unqualified person becomes entitled to a legal or beneficial interestby way of ownership in the aircraft or a share therein, the registration of the aircraft shallthereupon become void and the certificate of registration shall forthwith be returned by theregistered owner to the CAA.

(11) Any person who is the registered owner of an aircraft registered in the United Kingdomshall forthwith inform the CAA in writing of—

(a) any change in the particulars which were furnished to the CAA upon applicationbeing made for the registration of the aircraft;

(b) the destruction of the aircraft, or its permanent withdrawal from use; or

(c) in the case of an aircraft registered in pursuance of paragraph (5), the termination ofthe demise charter.

(12) Any person who becomes the owner of an aircraft registered in the United Kingdomshall within 28 days inform the CAA in writing to that eVect.

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(13) The CAA may, whenever it appears to it necessary or appropriate to do so for givingeVect to this Part of this Order or for bringing up to date or otherwise correcting the particularsentered on the register, amend the register or, if it thinks fit, may cancel the registration of theaircraft, and shall cancel that registration within 2 months of being satisfied that there has beena change in the ownership of the aircraft.

(14) The Secretary of State may, by regulations, adapt or modify the foregoing provisionsof this article as he deems necessary or expedient for the purpose of providing for the temporarytransfer of aircraft to or from the United Kingdom register, either generally or in relation to aparticular case or class of cases.

(15) In this article references to an interest in an aircraft do not include references to aninterest in an aircraft to which a person is entitled only by virtue of his membership of a flyingclub and the reference in paragraph (11) to the registered owner of an aircraft includes, in thecase of a deceased person, his legal personal representative, and in the case of a body corporatewhich has been dissolved, its successor.

(16) Nothing in this article shall require the CAA to cancel the registration of an aircraft ifin its opinion it would not be in the public interest to do so.

(17) The registration of an aircraft which is the subject of an undischarged mortgage enteredin the Register of Aircraft Mortgages kept by the CAA under an Order in Council made undersection 86 of the Civil Aviation Act 1982(a) shall not become void by virtue of paragraph (10),nor shall the CAA cancel the registration of such an aircraft under this article, unless all personsshown in the Register of Aircraft Mortgages as mortgagees of that aircraft have consented tothe cancellation.

Nationality and registration marks

5.—(1) An aircraft (other than an aircraft permitted by or under this Order to fly withoutbeing registered) shall not fly unless it bears painted thereon or aYxed thereto, in the mannerrequired by the law of the country in which it is registered, the nationality and registrationmarks required by that law.

(2) The marks to be borne by aircraft registered in the United Kingdom shall comply withPart B of Schedule 2.

(3) Subject to paragraph (4), an aircraft shall not bear any marks which purport toindicate—

(a) that the aircraft is registered in a country in which it is not in fact registered; or

(b) that the aircraft is a State aircraft of a particular country if it is not in fact such anaircraft, unless the appropriate authority of that country has sanctioned the bearingof such marks.

(4) Marks approved by the CAA for the purposes of flight in accordance with the BConditions shall be deemed not to purport to indicate that the aircraft is registered in a countryin which it is not in fact registered.

PART 2

Air Operators’ Certificates

Grant of air operators’ certificates

6.—(1) Subject to article 7, an aircraft registered in the United Kingdom shall not fly on anyflight for the purpose of public transport, otherwise than under and in accordance with theterms of an air operator’s certificate granted to the operator of the aircraft under paragraph (2),certifying that the holder of the certificate is competent to secure that aircraft operated by himon such flights as that in question are operated safely.

(2) The CAA shall grant an air operator’s certificate if it is satisfied that the applicant iscompetent, having regard in particular to—

(a) his previous conduct and experience; and

a)( 1982 c. 16; to which there are amendments not relevant to this provision.

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(b) his equipment, organisation, staYng, maintenance and other arrangements; to securethe safe operation of aircraft of the types specified in the certificate on flights of thedescription and for the purposes so specified.

Grant of police air operators’ certificates

7.—(1) A flight by an aircraft registered in the United Kingdom in the service of a policeauthority shall, for the purposes of this Order, be deemed to be a flight for the purpose of publictransport.

(2) If any passenger is carried on such a flight it shall be deemed to be for the purpose ofpublic transport of passengers, and save as otherwise expressly provided, the provisions of thisOrder and of any regulations made thereunder shall be complied with in relation to a flight inthe service of a police authority as if that flight was for the purpose of public transport or publictransport of passengers as the case may be.

(3) An aircraft registered in the United Kingdom shall not fly on any flight in the service ofa police authority otherwise than under and in accordance with either the terms of an airoperator’s certificate granted to the operator of the aircraft under article 6(2) or the terms of apolice air operator’s certificate granted to the operator of the aircraft under paragraph (4).

(4) The CAA shall grant a police air operator’s certificate if it is satisfied that the applicantis competent, having regard in particular to—

(a) his previous conduct and experience; and

(b) his equipment, organisation, staYng, maintenance and other arrangements;

to secure that the operation of aircraft of the types specified in the certificate shall be as safe asis appropriate when flying on flights of the description and for the purposes so specified.

PART 3

Airworthiness and Equipment of Aircraft

Certificate of airworthiness to be in force

8.—(1) Subject to paragraph (2), an aircraft shall not fly unless there is in force in respectthereof a certificate of airworthiness duly issued or rendered valid under the law of the countryin which the aircraft is registered or the State of the operator, and any conditions subject towhich the certificate was issued or rendered valid are complied with.

(2) The foregoing prohibition shall not apply to flights, beginning and ending in the UnitedKingdom without passing over any other country, of—

(a) a non-EASA glider, if it is not being used for the public transport of passengers oraerial work other than aerial work which consists of the giving of instruction in flyingor the conducting of flying tests in a glider owned or operated by a flying club of whichthe person giving the instruction or conducting the test and the person receiving theinstruction or undergoing the test are both members;

(b) a non-EASA balloon flying on a private flight;

(c) a non-EASA kite;

(d) a non-EASA aircraft flying in accordance with the A Conditions or the BConditions; or

(e) an aircraft flying in accordance with a national permit to fly, an EASA permit to flyissued by the CAA or a certificate of validation issued by the CAA under article 13.

(3) In the case of—

(a) a non-EASA aircraft registered in the United Kingdom the certificate ofairworthiness referred to in paragraph (1) shall be a national certificate ofairworthiness;

(b) an EASA aircraft registered in the United Kingdom the certificate of airworthinessreferred to in paragraph (1) shall be an EASA certificate of airworthiness issued bythe CAA.

(4) For the purposes of paragraph (1) a certificate of airworthiness—

(a) shall include an EASA restricted certificate of airworthiness issued by the CAA; and

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(b) shall include an EASA restricted certificate of airworthiness issued by the competentauthority of a State other than the United Kingdom which does not contain acondition restricting the aircraft to flight within the airspace of the issuing State; but

(c) shall not include an EASA restricted certificate of airworthiness issued by thecompetent authority of a State other than the United Kingdom which contains acondition restricting the aircraft to flight within the airspace of the issuing State.

(5) An aircraft registered in the United Kingdom with an EASA certificate of airworthinessshall not fly otherwise than in accordance with any conditions or limitations contained in itsflight manual unless otherwise permitted by the CAA.

Issue, renewal, etc., of national certificates of airworthiness

9.—(1) Subject to paragraph (2), the CAA shall issue in respect of any non-EASA aircrafta national certificate of airworthiness if it is satisfied that the aircraft is fit to fly havingregard to—

(a) the design, construction, workmanship and materials of the aircraft (including inparticular any engines fitted therein), and of any equipment carried in the aircraftwhich it considers necessary for the airworthiness of the aircraft; and

(b) the results of flying trials, and such other tests of the aircraft as it may require.

(2) If the CAA has issued a certificate of airworthiness in respect of an aircraft which, in itsopinion, is a prototype aircraft or a modification of a prototype aircraft, it may dispense withflying trials in the case of any other aircraft if it is satisfied that it conforms to such prototypeor modification.

(3) Every national certificate of airworthiness shall specify the category which is, in theopinion of the CAA, appropriate to the aircraft in accordance with Part B of Schedule 3 andthe certificate shall be issued subject to the condition that the aircraft shall be flown only forthe purposes indicated in that Part in relation to that category.

(4) Any certificate of airworthiness issued by the CAA prior to the date on which this Ordercomes into force which is specified as being in the Transport Category (Passenger), TransportCategory (Cargo), Aerial Work or Private Category shall be deemed to be—

(a) in the case of a non-EASA aircraft a national certificate of airworthiness in thestandard category referred to in Part B of Schedule 3; and

(b) in the case of an EASA aircraft an EASA certificate of airworthiness.

(5) The CAA may issue a national certificate of airworthiness subject to such otherconditions relating to the airworthiness of the aircraft as it thinks fit.

(6) The CAA may issue a certificate of validation rendering valid for the purposes of thisOrder a certificate of airworthiness issued in respect of any aircraft registered elsewhere thanin the United Kingdom under the law of any country other than the United Kingdom.

(7) Nothing in this Order shall oblige the CAA to accept an application for the issue of anational certificate of airworthiness or certificate of validation or for the variation or renewalof any such certificate when the application is not supported by such reports from such personsapproved under article 165 as the CAA may specify (either generally or in a particular case orclass of cases).

Validity of certificate of airworthiness

10. A certificate of airworthiness or a certificate of validation issued in respect of an aircraftregistered in the United Kingdom shall cease to be in force—

(a) if the aircraft, or such of its equipment as is necessary for the airworthiness of theaircraft, is overhauled, repaired or modified, or if any part of the aircraft or of suchequipment is removed or is replaced, otherwise than in a manner and with materialof a type approved by EASA in the case of an EASA aircraft or the CAA in the caseof a non-EASA aircraft either generally or in relation to a class of aircraft or to theparticular aircraft;

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(b) until the satisfactory completion of any inspection made for the purpose ofascertaining whether the aircraft remains airworthy or maintenance of the aircraft orof any equipment described in sub-paragraph (a) which inspection or maintenancehas—

(i) been made mandatory by EASA or the CAA; or

(ii) become required by a maintenance schedule approved by the CAA in relation tothat aircraft; or

(c) until the completion to the satisfaction of EASA or the CAA as the case may be ofany modification of the aircraft or of any equipment necessary for the airworthinessof the aircraft, being a modification required by EASA or the CAA for the purposeof ensuring that the aircraft remains airworthy.

Issue, validity etc., of national permits to fly

11.—(1) The CAA shall—

(a) subject to sub-paragraph (b) issue in respect of any non-EASA aircraft registered inthe United Kingdom a national permit to fly if it is satisfied that the aircraft is fit tofly having regard to the airworthiness of the aircraft and the conditions to be attachedto the permit;

(b) refuse to issue a national permit to fly in respect of a non-EASA aircraft registered inthe United Kingdom if it appears to the CAA that the aircraft is eligible for and oughtto fly under and in accordance with a national certificate of airworthiness.

(2) Subject to paragraph (4), an aircraft flying in accordance with a national permit to flyshall not fly for the purpose of public transport or aerial work other than aerial work whichconsists of flights for the purpose of flying displays, associated practice, test and positioningflights or the exhibition or demonstration of the aircraft.

(3) No person shall be carried during flights for the purpose of flying displays ordemonstration flying except the minimum flight crew, unless the prior permission of the CAAhas been obtained.

(4) With the permission of the CAA, an aircraft flying in accordance with a national permitto fly may fly for the purpose of aerial work which consists of the giving of instruction in flyingor the conduct of flying tests, subject to the aircraft being owned or operated underarrangements entered into by a flying club of which the person giving the instruction orconducting the test and the person receiving the instruction or undergoing the test are bothmembers.

(5) The CAA may issue a national permit to fly subject to such conditions relating to theairworthiness, operation or maintenance of the aircraft as it thinks fit.

(6) A national permit to fly issued in respect of an aircraft shall cease to be in force—

(a) until the satisfactory completion of any inspection made for the purpose ofascertaining whether the aircraft remains airworthy, modification or maintenance ofthe aircraft or any of its equipment which inspection, modification or maintenancehas:

(i) been made mandatory by the CAA; or

(ii) become required as a condition of the permit to fly;

(b) if any other conditions of the permit are not complied with;

(c) if the aircraft, engines or propellers, or such of its equipment as is necessary for theairworthiness of the aircraft, are modified or repaired; unless the repair, ormodification has been approved by the CAA or by a person approved by the CAAfor the purpose;

(d) unless the permit includes a current certificate of validity issued by the CAA or by aperson approved by the CAA for the purpose.

(7) A placard shall be aYxed to any aircraft flying in accordance with a permit to fly in fullview of the occupants which shall be worded as follows—

“Occupant Warning

This aircraft has not been certificated to an International Requirement”.

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(8) An aircraft flying in accordance with a permit to fly shall only be flown by day and inaccordance with the Visual Flight Rules unless the prior permission of the CAA has beenobtained.

(9) Nothing in this Order shall oblige the CAA to accept an application for the issue,variation or renewal of a national permit to fly when the application is not supported by suchreports from such approved persons as the CAA may specify (either generally or in a particularcase or class of cases).

(10) In paragraph (8) “day” means the time from half an hour before sunrise until half anhour after sunset (both times exclusive), sunset and sunrise being determined at surface level.

Issue of EASA permits to fly

12. Where the CAA is authorised so to do under Commission Regulation No 1702/2003(a)it shall in respect of an EASA aircraft registered in the United Kingdom issue an EASA permitto fly in the same circumstances as it would issue a national permit to fly to a non-EASAaircraft.

Issue etc. of certificates of validation of permits to fly or equivalent documents

13.—(1) The CAA shall issue in respect of any aircraft registered elsewhere than in theUnited Kingdom a certificate of validation if it is satisfied that there is in respect of the aircrafta permit to fly or equivalent document issued or validated by the competent authority of thecountry in which the aircraft is registered which applies standards which are substantiallyequivalent to those required for the issue of a permit to fly by the CAA.

(2) An aircraft flying in accordance with a certificate of validation shall not fly for thepurpose of public transport or aerial work other than aerial work which consists of flights forthe purpose of flying displays, associated practice, test and positioning flights or the exhibitionor demonstration of the aircraft.

(3) The CAA may issue a certificate of validation subject to such other conditions relatingto the airworthiness, operation or maintenance of the aircraft as it thinks fit.

Certificate of maintenance review

14.—(1) An aircraft registered in the United Kingdom—

(a) in respect of which a certificate of airworthiness is in force shall not fly unless theaircraft (including in particular its engines), together with its equipment and radiostation, is maintained in accordance with a maintenance schedule approved by theCAA in relation to that aircraft;

(b) which is a public transport or an aerial work aircraft shall not fly unless there is inforce a certificate (in this Order referred to as a “certificate of maintenance review”)issued in respect of the aircraft in accordance with the provisions of this article andthe certificate certifies the date on which the maintenance review was carried out andthe date when the next review is due.

(2) A maintenance schedule approved under paragraph (1)(a) in relation to a publictransport or aerial work aircraft shall specify the occasions on which a review must be carriedout for the purpose of issuing a certificate of maintenance review.

(3) A certificate of maintenance review may be issued for the purposes of this article onlyby—

(a) the holder of an aircraft maintenance engineer’s licence—

(i) granted under this Order, being a licence which entitles him to issue thatcertificate;

(ii) granted under the law of a country other than the United Kingdom and renderedvalid under this Order in accordance with the privileges endorsed on thelicence; or

a)( O.J. No. L243, 27.09.2003, p. 6 laying down implementing rules for the airworthiness and environmental certification ofaircraft and related products, parts and appliances, as well as for the certification of design and productionorganisations, to which there are amendments not relevant to this Order.

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(iii) granted under the law of any such country as may be prescribed in accordancewith the privileges endorsed on the licence and subject to any conditions whichmay be prescribed;

(b) a person whom the CAA has authorised to issue a certificate of maintenance reviewin a particular case, and in accordance with that authority;

(c) a person approved by the CAA as being competent to issue such a certificate, and inaccordance with that approval; or

(d) the holder of an aircraft maintenance licence granted by the CAA under Part 66, inaccordance with the privileges endorsed on the licence.

(4) In approving a maintenance schedule, the CAA may direct that certificates ofmaintenance review relating to that schedule, or to any part thereof specified in its direction,may be issued only by the holder of such a licence as is so specified.

(5) A person referred to in paragraph (3) shall not issue a certificate of maintenance reviewunless he has first verified that—

(a) maintenance has been carried out on the aircraft in accordance with the maintenanceschedule approved for that aircraft;

(b) inspections and modifications required by the CAA as provided in article 10 havebeen completed as certified in the relevant certificate of release to service issued underthis Order or under Part 145;

(c) defects entered in the technical log or approved record of the aircraft in accordancewith article 15 have been rectified or the rectification thereof has been deferred inaccordance with procedures approved by the CAA; and

(d) certificates of release to service have been issued:

(i) under this Order or in accordance with paragraph 21A. 163(d) of Part 21 inrespect of an aircraft falling within article 16(1); or

(ii) under Part 145 in respect of an aircraft required to be maintained in accordancewith Part 145;

and for this purpose the operator of the aircraft shall make available to that personsuch information as is necessary.

(6) A certificate of maintenance review shall be issued in duplicate.

(7) One copy of the most recently issued certificate of maintenance review shall be carried inthe aircraft when article 86 so requires, and the other shall be kept by the operator elsewherethan in the aircraft.

(8) Subject to article 91, each certificate of maintenance review shall be preserved by theoperator of the aircraft for a period of at least 2 years after it has been issued.

Technical Log

15.—(1) This article applies to public transport and aerial work aircraft registered in theUnited Kingdom.

(2) Subject to paragraph (3), a technical log shall be kept in respect of every aircraft to whichthis article applies.

(3) In the case of an aircraft of which the maximum total weight authorised is 2,730 kg orless and which is not operated by the holder of an air operator’s certificate granted by the CAAunder article 6(2) a record approved by the CAA (in this article, article 14(5)(c) and in Schedule6 called “an approved record”) may be kept instead of a technical log.

(4) Subject to paragraph (5), at the end of every flight by an aircraft to which this articleapplies the commander shall enter in the technical log or the approved record as the casemay be—

(a) the times when the aircraft took oV and landed;

(b) particulars of any defect which is known to him and which aVects the airworthinessor safe operation of the aircraft, or if no such defect is known to him, an entry to thateVect; and

(c) such other particulars in respect of the airworthiness or operation of the aircraft asthe CAA may require;

and he shall sign and date the entries.

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(5) In the case of two or more consecutive flights each of which begins and ends—

(a) within the same period of 24 hours;

(b) at the same aerodrome, except where each such flight is for the purpose of droppingor projecting any material for agricultural, public health or similar purposes; and

(c) with the same person as commander of the aircraft;

the commander may, except where he becomes aware of a defect during an earlier flight, makethe entries specified in paragraph (4) at the end of the last of such consecutive flights.

(6) Upon the rectification of any defect which has been entered in a technical log or approvedrecord in accordance with paragraphs (4) and (5) a person issuing a certificate of release toservice issued under this Order or under Part 145 in respect of that defect shall enter thecertificate in the technical log or approved record in such a position as to be readily identifiablewith the defect to which it relates.

(7) Subject to paragraph (8) the technical log or approved record shall be carried in theaircraft when article 86 so requires and copies of the entries required by this article shall be kepton the ground.

(8) In the case of an aeroplane of which the maximum total weight authorised is 2,730 kg orless, or a helicopter, if it is not reasonably practicable for the copy of the technical log orapproved record to be kept on the ground it may be carried in the aeroplane or helicopter, asthe case may be, in a container approved by the CAA for that purpose.

(9) Subject to article 91, a technical log or approved record required by this article shall bepreserved by the operator of the aircraft to which it relates for a period of at least 2 years afterthe aircraft has been destroyed or has been permanently withdrawn from use, or for suchshorter period as the CAA may permit in a particular case.

Requirement for a certificate of release to service

16.—(1) This article shall apply to any aircraft registered in the United Kingdom in respectof which a certificate of airworthiness is in force except any such aircraft which is required tobe maintained in accordance with Part 145.

(2) Except as provided in paragraphs (3), (5), (6) and (8) an aircraft to which this articleapplies shall not fly unless there is in force a certificate of release to service issued under thisOrder if the aircraft or any part of the aircraft or such of its equipment as is necessary for theairworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained, orhas been inspected as provided in article 10(b).

(3) If a repair or replacement of a part of a non-EASA aircraft or its equipment is carriedout when the aircraft is at a place where it is not reasonably practicable—

(a) for the repair or replacement to be carried out in such a manner that a certificate ofrelease to service under this Order can be issued; or

(b) for such a certificate to be issued while the aircraft is at that place;

it may fly to a place which satisfies the criteria in paragraph (4) and in such case the commanderof the aircraft shall cause written particulars of the flight, and the reasons for making it, to begiven to the CAA within 10 days thereafter.

(4) A place satisfies the criteria in this paragraph if it is—

(a) the nearest place at which a certificate of release to service under this Order can beissued;

(b) a place to which the aircraft can, in the reasonable opinion of the commander, safelyfly by a route for which it is properly equipped; and

(c) a place to which it is reasonable to fly having regard to any hazards to the liberty orhealth of any person on board.

(5) A certificate of release to service shall not be required to be in force in respect of anaircraft to which this article applies of which the maximum total weight authorised does notexceed 2,730 kg if it is an aircraft in respect of which a certificate of airworthiness in the specialcategory referred to in Part B of Schedule 3 is in force, unless the CAA gives a direction to thecontrary in a particular case.

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(6) A certificate of release to service shall not be required to be in force in respect of anaircraft to which this article applies of which the maximum total weight authorised does notexceed 2,730 kg and which is a private aircraft if it flies in the circumstances specified inparagraph (7).

(7) The circumstances referred to in paragraph (6) are—

(a) the only repairs or replacements in respect of which a certificate of release to serviceis not in force are of such a description as may be prescribed;

(b) such repairs or replacements have been carried out personally by the holder of apilot’s licence granted or rendered valid under this Order who is the owner or operatorof the aircraft;

(c) the person carrying out the repairs or replacements shall keep in the aircraft log bookkept in respect of the aircraft under article 22 a record which identifies the repairs orreplacement and shall sign and date the entries; and

(d) any equipment or parts used in carrying out such repairs or replacements shall be ofa type approved by EASA or the CAA either generally or in relation to a class ofaircraft or one particular aircraft.

(8) A certificate of release to service issued under this Order shall not be required to be inforce in respect of an aircraft to which this article applies if there is in force a certificate of releaseto service issued in accordance with paragraph 21A.163(d) of Part 21.

(9) Neither—

(a) equipment provided in compliance with Schedule 4 (except equipment specified inparagraph 4 of the Schedule); nor

(b) radio communication and radio navigation equipment provided for use in an aircraftor in any survival craft carried in an aircraft, whether or not such apparatus isprovided in compliance with this Order or any regulations made thereunder;

shall be installed or placed on board for use in an aircraft to which this article applies after beingoverhauled, repaired, modified or inspected, unless there is in force in respect thereof at the timewhen it is installed or placed on board a certificate of release to service issued under this Order.

(10) A certificate of release to service issued under this Order shall—

(a) certify that the aircraft or any part thereof or its equipment has been overhauled,repaired, replaced, modified or maintained, as the case may be, in a manner and withmaterial of a type approved by EASA or the CAA either generally or in relation to aclass of aircraft or the particular aircraft and shall identify the overhaul, repair,replacement, modification or maintenance to which the certificate relates and shallinclude particulars of the work done; or

(b) certify in relation to any inspection required by the CAA that the aircraft or the partthereof or its equipment, as the case may be, has been inspected in accordance withthe requirements of the CAA and that any consequential repair, replacement ormodification has been carried out.

(11) A certificate of release to service issued under this Order may be issued only by—

(a) the holder of an aircraft maintenance engineer’s licence—

(i) granted under this Order, being a licence which entitles him to issue thatcertificate; or

(ii) granted under the law of a country other than the United Kingdom and renderedvalid under this Order, in accordance with the privileges endorsed on the licence.

(b) the holder of an aircraft maintenance engineer’s licence or authorisation as such anengineer granted or issued by or under the law of any Contracting State other thanthe United Kingdom in which the overhaul, repair, replacement, modification,maintenance or inspection has been carried out, but only in respect of aircraft towhich this article applies of which the maximum total weight authorised does notexceed 2,730 kg and in accordance with the privileges endorsed on the licence;

(c) a person approved by the CAA as being competent to issue such certification, and inaccordance with that approval;

(d) a person whom the CAA has authorised to issue the certificate in a particular case,and in accordance with that authority;

(e) in relation only to the adjustment and compensation of direct reading magnetic

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compasses, the holder of a United Kingdom Airline Transport Pilot’s Licence(Aeroplanes) or a JAR-FCL Airline Transport Pilot Licence (Aeroplane) or a FlightNavigator’s Licence granted or rendered valid under this Order;

(f) a person approved in accordance with Part 145, and in accordance with thatapproval; or

(g) the holder of an aircraft maintenance licence granted by the CAA under Part 66, inaccordance with the privileges endorsed on the licence.

(12) In this article, the expression “repair” includes in relation to a compass the adjustmentand compensation thereof and the expression “repaired” shall be construed accordingly.

Requirement for a certificate of release to service under Part 145

17. An EASA aircraft to which Part 145 applies shall not fly when a certificate of releaseto service is required by or under Part 145 unless such a certificate is in force.

Licensing of maintenance engineers

18.—(1) The CAA shall grant an aircraft maintenance engineer’s licence, subject to suchconditions as it thinks fit, upon being satisfied that the applicant is a fit person to hold thelicence and is qualified by reason of his knowledge, experience, competence and skill inaeronautical engineering, and for that purpose the applicant shall furnish such evidence andundergo such examinations and tests as the CAA may require of him.

(2) An aircraft maintenance engineer’s licence shall authorise the holder, subject to suchconditions as may be specified in the licence, to issue—

(a) certificates of maintenance review in respect of such aircraft as may be so specified;

(b) certificates of release to service under this Order in respect of such overhauls, repairs,replacements, modifications, maintenance and inspections of such aircraft and suchequipment as may be so specified; or

(c) certificates of fitness for flight issued under paragraph 1(4) of the A Conditions inrespect of such aircraft as may be so specified.

(3) A licence shall, subject to article 92, remain in force for the period specified therein, notexceeding 5 years, but may be renewed by the CAA from time to time upon being satisfied thatthe applicant is a fit person and is qualified as aforesaid.

(4) The CAA may issue a certificate rendering valid for the purposes of this Order any licenceas an aircraft maintenance engineer granted under the law of any country other than the UnitedKingdom.

(5) An aircraft maintenance engineer’s licence granted under this article shall not be validunless it bears the ordinary signature of the holder in ink or indelible pencil; provided that if thelicence is annexed to an aircraft maintenance licence issued under Part 66 it shall be suYcient ifthat Part 66 licence bears such a signature.

(6) Without prejudice to any other provision of this Order the CAA may, for the purposesof this article—

(a) approve any course of training or instruction;

(b) authorise a person to conduct such examinations or tests as it may specify; and

(c) approve a person to provide or conduct any course of training or instruction.

(7) The holder of an aircraft maintenance engineer’s licence granted under paragraph (1) orof an aircraft maintenance licence granted under Part 66 shall not exercise the privileges of sucha licence if he knows or suspects that his physical or mental condition renders him unfit toexercise such privileges.

(8) The holder of an aircraft maintenance engineer’s licence granted under paragraph (1) orof an aircraft maintenance licence granted under Part 66 shall not, when exercising theprivileges of such a licence, be under the influence of drink or a drug to such an extent as toimpair his capacity to exercise such privileges.

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Equipment of aircraft

19.—(1) An aircraft shall not fly unless it is so equipped as to comply with the law of thecountry in which it is registered, and to enable lights and markings to be displayed, and signalsto be made, in accordance with this Order and any regulations made thereunder.

(2) In the case of any aircraft registered in the United Kingdom the equipment required tobe provided (in addition to any other equipment required by or under this Order) shall—

(a) be that specified in such parts of Schedule 4 as are applicable in the circumstances;

(b) comply with the provisions of that Schedule;

(c) except that specified in paragraph 4 of the said Schedule, be of a type approved byEASA or the CAA either generally or in relation to a class of aircraft or in relationto that aircraft; and

(d) be installed in a manner approved by EASA in the case of an EASA aircraft and theCAA in the case of a non-EASA aircraft.

(3) In any particular case the CAA may direct that an aircraft registered in the UnitedKingdom shall carry such additional or special equipment or supplies as it may specify for thepurpose of facilitating the navigation of the aircraft, the carrying out of search and rescueoperations, or the survival of the persons carried in the aircraft.

(4) The equipment carried in compliance with this article shall be so installed or stowed andkept stowed, and so maintained and adjusted, as to be readily accessible and capable of beingused by the person for whose use it is intended.

(5) The position of equipment provided for emergency use shall be indicated by clearmarkings in or on the aircraft.

(6) In every public transport aircraft registered in the United Kingdom there shall beprovided individually for each passenger or, if the CAA so permits in writing, exhibited in aprominent position in every passenger compartment, a notice which complies withparagraph (7).

(7) A notice complies with this paragraph if it—

(a) is relevant to the aircraft in question;

(b) contains pictorial instructions on the brace position to be adopted in the event of anemergency landing;

(c) contains pictorial instructions on the method of use of the safety belts and safetyharnesses as appropriate;

(d) contains pictorial information as to where emergency exits are to be found andinstructions as to how they are to be used; and

(e) contains pictorial information as to where the lifejackets, escape slides, life rafts andoxygen masks, if required to be provided by paragraph (2), are to be found andinstructions as to how they are to be used.

(8) All equipment installed or carried in an aircraft, whether or not in compliance with thisarticle, shall be so installed or stowed and so maintained and adjusted as not to be a source ofdanger in itself or to impair the airworthiness of the aircraft or the proper functioning of anyequipment or services necessary for the safety of the aircraft.

(9) Without prejudice to paragraph (2), all navigational equipment capable of establishingthe aircraft’s position in relation to its position at some earlier time by computing and applyingthe resultant of the acceleration and gravitational forces acting upon it when carried in anaircraft registered in the United Kingdom (whether or not in compliance with this Order or anyregulations made thereunder) shall be of a type approved by EASA or the CAA either generallyor in relation to a class of aircraft or in relation to that aircraft and shall be installed in a mannerso approved.

(10) This article shall not apply in relation to radio communication and radio navigationequipment except any specified in Schedule 4.

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Radio equipment of aircraft

20.—(1) An aircraft shall not fly unless it is so equipped with radio communication and radionavigation equipment as to comply with the law of the country in which the aircraft is registeredor the State of the operator and to enable communications to be made and the aircraft to benavigated, in accordance with the provisions of this Order and any regulations madethereunder.

(2) Without prejudice to paragraph (1), the aircraft shall be equipped with radiocommunication and radio navigation equipment in accordance with Schedule 5.

(3) In any particular case the CAA may direct that an aircraft registered in the UnitedKingdom shall carry such additional or special radio communication or radio navigationequipment as it may specify for the purpose of facilitating the navigation of the aircraft, thecarrying out of search and rescue operations or the survival of the persons carried in theaircraft.

(4) Subject to such exceptions as may be prescribed, the radio communication and radionavigation equipment provided in compliance with this article in an aircraft registered in theUnited Kingdom shall always be maintained in serviceable condition.

(5) All radio communication and radio navigation equipment installed in an aircraftregistered in the United Kingdom or carried on such an aircraft for use in connection with theaircraft (whether or not in compliance with this Order or any regulations made thereunder)shall—

(a) be of a type approved by EASA or the CAA in relation to the purpose for which it isto be used; and

(b) except in the case of a non-EASA glider which is permitted by article 3(2) to flyunregistered, be installed in a manner approved by EASA in the case of an EASAaircraft and the CAA in the case of a non-EASA aircraft.

(6) Neither the equipment referred to in paragraph (5) nor the manner in which it is installedshall be modified except with the approval of EASA in the case of an EASA aircraft or the CAAin the case of a non-EASA aircraft.

Minimum equipment requirements

21.—(1) The CAA may grant in respect of any aircraft or class of aircraft registered in theUnited Kingdom a permission permitting such aircraft to commence a flight in specifiedcircumstances notwithstanding that any specified item of equipment required by or under thisOrder to be carried in the circumstances of the intended flight is not carried or is not in a fitcondition for use.

(2) An aircraft registered in the United Kingdom shall not commence a flight if any of theequipment required by or under this Order to be carried in the circumstances of the intendedflight is not carried or is not in a fit condition for use unless—

(a) the aircraft does so under and in accordance with the terms of a permission under thisarticle which has been granted to the operator; and

(b) in the case of an aircraft to which article 38 or 39 applies, the operations manual orpolice operations manual respectively contains particulars of that permission.

Aircraft, engine and propeller log books

22.—(1) In addition to any other log books required by or under this Order, the followinglog books shall be kept in respect of aircraft registered in the United Kingdom—

(a) an aircraft log book;

(b) a separate log book in respect of each engine fitted in the aircraft; and

(c) a separate log book in respect of each variable pitch propeller fitted to the aircraft.

(2) The log books shall include the particulars respectively specified in Schedule 6 and in thecase of an aircraft having a maximum total weight authorised not exceeding 2,730 kg shall beof a type approved by the CAA.

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(3) Each entry in the log book—

(a) other than such an entry as is referred to in paragraph 2(4)(b) or 3(4)(b) of Schedule6, shall be made as soon as practicable after the occurrence to which it relates, but inno event more than 7 days after the expiration of the certificate of maintenance review(if any) in force in respect of the aircraft at the time of the occurrence;

(b) being such an entry as is referred to in paragraph 2(4)(b) or 3(4)(b) of Schedule 6 shallbe made upon each occasion that any maintenance, overhaul, repair, replacement,modification or inspection is undertaken on the engine or propeller, as the case maybe.

(4) Any document which is incorporated by reference in a log book shall be deemed, for thepurposes of this Order, to be part of the log book.

(5) It shall be the duty of the operator of every aircraft in respect of which log books arerequired to be kept to keep them or cause them to be kept in accordance with the foregoingprovisions of this article.

(6) Subject to article 91 every log book shall be preserved by the operator of the aircraft fora period of at least 2 years after the aircraft, the engine or the variable pitch propeller, as thecase may be, has been destroyed or has been permanently withdrawn from use.

Aircraft weight schedule

23.—(1) Every flying machine and glider in respect of which a certificate of airworthinessissued by the CAA or rendered valid under this Order is in force shall be weighed, and theposition of its centre of gravity determined, at such times and in such manner as the CAA mayrequire or approve in the case of that aircraft.

(2) Upon the aircraft being weighed the operator of the aircraft shall prepare a weightschedule showing—

(a) either the basic weight of the aircraft, that is to say, the empty weight of the aircraftestablished in accordance with the type certification basis of the aircraft or such otherweight as may be approved by the CAA or EASA in the case of that aircraft; and

(b) either the position of the centre of gravity of the aircraft at its basic weight or suchother position of the centre of gravity as may be approved by the CAA or EASA inthe case of that aircraft.

(3) Subject to article 91 the weight schedule shall be preserved by the operator of the aircraftuntil the expiration of a period of six months following the next occasion on which the aircraftis weighed for the purposes of this article.

Access and inspection for airworthiness purposes

24. The CAA may cause such inspections, investigations, tests, experiments and flight trialsto be made as it deems necessary for the purposes of this Part of this Order or for the purposesof Part 21, Part 145 or Part M and any person authorised to do so in writing by the CAA mayat any reasonable time inspect any part of, or material intended to be incorporated in or usedin the manufacture of any part of, an aircraft or its equipment or any documents relatingthereto and may for that purpose go upon any aerodrome or enter any aircraft factory.

PART 4

Aircraft Crew and Licensing

Composition of crew of aircraft

25.—(1) An aircraft shall not fly unless it carries a flight crew of the number and descriptionrequired by the law of the country in which it is registered.

(2) An aircraft registered in the United Kingdom—

(a) shall carry a flight crew adequate in number and description to ensure the safety ofthe aircraft;

(b) which has a flight manual, shall carry a flight crew of at least the number anddescription specified in that flight manual;

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(c) which does not now have a flight manual but has done in the past, shall carry a flightcrew of at least the number and description specified in that flight manual.

(3) A flying machine registered in the United Kingdom and flying for the purpose of publictransport having a maximum total weight authorised exceeding 5,700 kg shall carry at least twopilots as members of the flight crew.

(4) Subject to paragraph (6) an aeroplane registered in the United Kingdom shall carry atleast two pilots as members of its flight crew if it—

(a) has a maximum total weight authorised of 5,700 kg or less;

(b) is flying for the purpose of public transport;

(c) is flying in circumstances where the commander is required to comply with theInstrument Flight Rules; and (d) comes within paragraph (5).

(5) For the purposes of paragraph (4)(d) an aeroplane comes with this paragraph if it has—

(a) one or more turbine jets;

(b) one or more turbine propeller engines and is provided with a means of pressurisingthe personnel compartments;

(c) two or more turbine propeller engines and a maximum approved passenger seatingconfiguration of more than nine;

(d) two or more turbine propeller engines and a maximum approved passenger seatingconfiguration of fewer than 10, and is not provided with a means of pressurising thepersonnel compartments; unless it is equipped with an autopilot which has beenapproved by the CAA for the purposes of this article and which is serviceable on take-oV; or

(e) two or more piston engines, unless it is equipped with an autopilot which has beenapproved by the CAA for the purposes of this article and which is serviceable ontake-oV.

(6) An aeroplane—

(a) described in paragraph (5)(d) or (5)(e) which is equipped with an approved autopilotshall not be required to carry two pilots notwithstanding that before take-oV theapproved autopilot is found to be unserviceable, if the aeroplane flies in accordancewith arrangements approved by the CAA;

(b) described in paragraph (5)(c), (d) or (e) which is flying under and in accordance withthe terms of a police air operator’s certificate shall not be required to carry two pilots.

(7) Subject to paragraph (8), a helicopter registered in the United Kingdom shall carry atleast two pilots as members of its flight crew if it—

(a) has a maximum total weight authorised of 5,700 kg or less;

(b) has a maximum approved passenger seating configuration of 9 or less;

(c) is flying for the purpose of public transport; and

(d) is flying in circumstances where the commander is required to comply with theInstrument Flight Rules or is flying by night with visual ground reference.

(8) A helicopter described in paragraph (7) shall not be required to carry two pilots if it—

(a) is equipped with an autopilot with, at least, altitude hold and heading mode which isserviceable on take-oV;

(b) is equipped with such an autopilot notwithstanding that before take-oV the approvedautopilot is found to be unserviceable, if the helicopter flies in accordance witharrangements approved by the CAA; or

(c) is flying under and in accordance with the terms of a police air operator’s certificate.

(9) An aircraft registered in the United Kingdom engaged on a flight for the purpose ofpublic transport shall carry—

(a) a flight navigator as a member of the flight crew; or

(b) navigational equipment suitable for the route to be flown; if on the route or anydiversion therefrom, being a route or diversion planned before take-oV, the aircraftis intended to be more than 500 nautical miles from the point of take-oV measuredalong the route to be flown, and to pass over part of an area specified in Schedule 7.

(10) flight navigator carried in compliance with paragraph (9) shall be carried in addition toany person who is carried in accordance with this article to perform other duties.

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(11) An aircraft registered in the United Kingdom which is required by article 20 to beequipped with radio communications apparatus shall carry a flight radiotelephony operator asa member of the flight crew.

(12) Paragraphs (13) and (14) apply to any flight for the purpose of public transport by anaircraft registered in the United Kingdom which has a maximum approved passenger seatingconfiguration of more than 19 and on which at least one passenger is carried.

(13) The crew of an aircraft on a flight to which this paragraph applies shall include cabincrew carried for the purposes of performing in the interests of the safety of passengers, dutiesto be assigned by the operator or the commander of the aircraft but who shall not act asmembers of the flight crew.

(14) On a flight to which this paragraph applies—

(a) there shall, subject to sub-paragraph (b), be carried not less than one member of thecabin crew for every 50 or fraction of 50 passenger seats installed in the aircraft;

(b) the number of members of the cabin crew calculated in accordance with sub-paragraph (a) need not be carried if the CAA has granted written permission to theoperator to carry a lesser number on that flight and the operator carries the numberspecified in that permission and complies with any other terms and conditions subjectto which such permission is granted.

(15) The CAA may in the interests of safety direct the operator of any aircraft registered inthe United Kingdom that all or any aircraft operated by him when flying in circumstancesspecified in the direction shall carry, in addition to the crew required to be carried therein bythe foregoing provisions of this article, such additional persons as members of the flight crewor the cabin crew as it may specify in the direction.

Members of flight crew—requirement for licence

26.—(1) Subject to the provisions of this article, a person shall not act as a member of theflight crew of an aircraft registered in the United Kingdom unless he is the holder of anappropriate licence granted or rendered valid under this Order.

(2) A person may within the United Kingdom, the Channel Islands, and the Isle of Manwithout being the holder of such a licence—

(a) act as a flight radiotelephony operator if—

(i) he does so as the pilot of a glider on a private flight and he does not communicateby radiotelephony with any air traYc control unit; or

(ii) he does so as a person being trained in an aircraft registered in the UnitedKingdom to perform duties as a member of the flight crew of an aircraft and—

(aa) he is authorised to operate the radiotelephony station by the holder of thelicence granted in respect of that station under any enactment;

(bb) messages are transmitted only for the purposes of instruction, or of thesafety or navigation of the aircraft;

(cc) messages are transmitted only on a frequency exceeding 60 MHz assignedby the CAA for the purposes of this sub-paragraph;

(dd) the operation of the transmitter requires the use only of external switches;and

(ee) the stability of the frequency radiated is maintained automatically by thetransmitter.

(b) act as pilot in command of an aircraft for the purpose of becoming qualified for thegrant or renewal of a pilot’s licence or the inclusion or variation of any rating in apilot’s licence if—

(i) he is at least 16 years of age;

(ii) he is the holder of a valid medical certificate to the eVect that he is fit so to act,issued by a person approved by the CAA;

(iii) he complies with any conditions subject to which that medical certificate wasissued;

(iv) no other person is carried in the aircraft;

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(v) the aircraft is not flying for the purpose of public transport or aerial work otherthan aerial work which consists of the giving of instruction in flying or theconducting of flying tests; and

(vi) he so acts in accordance with instructions given by a person holding a pilot’slicence granted under this Order or a JAA licence, being a licence which includesa flight instructor rating, a flying instructor’s rating or an assistant flyinginstructor’s rating entitling him to give instruction in flying the type of aircraftbeing flown;

(c) act as pilot of an aircraft in respect of which the flight crew required to be carried byor under this Order does not exceed one pilot for the purpose of becoming qualifiedfor the grant or renewal of a pilot’s licence or the inclusion or variation of any ratingin a pilot’s licence if—

(i) the aircraft is not flying for the purpose of public transport or aerial work otherthan aerial work which consists of the giving of instruction in flying or theconducting of flying tests;

(ii) he so acts in accordance with instructions given by a person holding a pilot’slicence granted under this Order or a JAA licence, being a licence which includesa flight instructor rating, a flying instructor’s rating or an assistant flyinginstructor’s rating entitling him to give instruction in flying the type of aircraftbeing flown; and

(iii) the aircraft is fitted with dual controls and he is accompanied in the aircraft bythe said instructor who is seated at the other set of controls or the aircraft is fittedwith controls designed for and capable of use by two persons and he isaccompanied in the aircraft by the said instructor who is seated so as to be ableto use the controls;

(d) act as pilot in command of a helicopter or gyroplane at night if—

(i) he is the holder of an appropriate licence granted or rendered valid under thisOrder in all respects save that the licence does not include an instrument ratingand he has not within the immediately preceding 13 months carried out as pilotin command not less than 5 take-oVs and 5 landings at a time when thedepression of the centre of the sun was not less than 12) below the horizon;

(ii) he so acts in accordance with instructions given by a person holding a pilot’slicence granted under this Order or a JAA licence, being a licence which includesa flight instructor rating, a flying instructor’s rating or an assistant flyinginstructor’s rating entitling him to give instruction in flying the type of helicopteror gyroplane being flown by night;

(iii) no person other than that specified in sub-paragraph (ii) is carried; and

(iv) the helicopter or gyroplane is not flying for the purpose of public transport oraerial work other than aerial work which consists of the giving of instruction inflying or the conducting of flying tests;

(e) act as pilot in command of a balloon if—

(i) he is the holder of an appropriate licence granted or rendered valid under thisOrder in all respects save that he has not within the immediately preceding 13months carried out as pilot in command at least 5 flights each of not less than 5minutes duration;

(ii) he so acts in accordance with instructions given by a person authorised by theCAA to supervise flying in the type of balloon being flown;

(iii) no person other than that specified in sub-paragraph (ii) is carried; and

(iv) the balloon is not flying for the purpose of public transport or aerial work otherthan aerial work which consists of the giving of instruction in flying or theconducting of flying tests.

(3) Subject as aforesaid, a person shall not act as a member of the flight crew required byor under this Order to be carried in an aircraft registered in a country other than the UnitedKingdom unless—

(a) in the case of an aircraft flying for the purpose of public transport or aerial work, heis the holder of an appropriate licence granted or rendered valid under the law of thecountry in which the aircraft is registered or the State of the operator; or

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(b) in the case of any other aircraft, he is the holder of an appropriate licence granted orrendered valid under the law of the country in which the aircraft is registered or underthis Order, and the CAA does not give a direction to the contrary.

(4) For the purposes of this Part of this Order—

(a) subject to sub-paragraph (b), a licence granted either under the law of a ContractingState other than the United Kingdom but which is not a JAA licence or a licencegranted under the law of a relevant overseas territory; purporting in either case toauthorise the holder to act as a member of the flight crew of an aircraft, not being alicence purporting to authorise him to act as a student pilot only, shall, unless theCAA gives a direction to the contrary, be deemed to be a licence rendered valid underthis Order but does not entitle the holder—

(i) to act as a member of the flight crew of any aircraft flying for the purpose ofpublic transport or aerial work or on any flight in respect of which he receivesremuneration for his services as a member of the flight crew; or

(ii) in the case of a pilot’s licence, to act as pilot of any aircraft flying in controlledairspace in circumstances requiring compliance with the Instrument Flight Rulesor to give any instruction in flying;

(b) a JAA licence shall, unless the CAA gives a direction to the contrary, be deemed tobe a licence rendered valid under this Order.

(5) Notwithstanding paragraph (1), a person may, unless the certificate of airworthiness inforce in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in theUnited Kingdom for the purpose of undergoing training or tests for the grant or renewal of apilot’s licence or for the inclusion, renewal or extension of a rating therein without being theholder of an appropriate licence, if the conditions specified in paragraph (6) are complied with.

(6) The conditions referred to in paragraph (5) are—

(a) no other person shall be carried in the aircraft or in an aircraft being towed therebyexcept—

(i) a person carried as a member of the flight crew in compliance with this Order;

(ii) a person authorised by the CAA to witness the training or tests or to conduct thetests; or

(iii) if the pilot in command of the aircraft is the holder of an appropriate licence, aperson carried for the purpose of being trained or tested as a member of the flightcrew of an aircraft; and

(b) the person acting as the pilot of the aircraft without being the holder of an appropriatelicence either—

(i) within the period of six months immediately preceding was serving as a qualifiedpilot of an aircraft in any of Her Majesty’s naval, military or air forces, and hisphysical condition has not, so far as he is aware, so deteriorated during thatperiod as to render him unfit for the licence for which he intends to qualify; or

(ii) holds a pilot’s, a flight navigator’s or a flight engineer’s licence granted underarticle 27 and the purpose of the training or test is to enable him to qualify underthis Order for the grant of a pilot’s licence or for the inclusion of an additionaltype in the aircraft rating in his licence, and he acts under the supervision of aperson who is the holder of an appropriate licence.

(7) Notwithstanding paragraph (1), a person may act as a member of the flight crew(otherwise than as a pilot) of an aircraft registered in the United Kingdom for the purposes ofundergoing training or tests for the grant or renewal of a flight navigator’s or a flight engineer’slicence or for the inclusion, renewal or extension of a rating therein, without being the holderof an appropriate licence, if he acts under the supervision and in the presence of another personwho is the holder of the type of licence or rating for which the person undergoing the trainingor tests is being trained or tested.

(8) Notwithstanding paragraph (1), a person may act as a member of the flight crew of anaircraft registered in the United Kingdom without being the holder of an appropriate licenceif, in so doing, he is acting in the course of his duty as a member of any of Her Majesty’s naval,military or air forces.

(9) An appropriate licence for the purposes of this article means a licence which entitles theholder to perform the functions which he undertakes in relation to the aircraft concerned andthe flight on which it is engaged.

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(10) This article shall not require a licence to be held by a person by reason of his acting asa member of the flight crew of a glider unless—

(a) he acts as a flight radiotelephony operator otherwise than in accordance withparagraph (2)(a)(i); or

(b) the flight is for the purpose of public transport or aerial work, other than aerial workwhich consists of the giving of instruction in flying or the conducting of flying tests ina glider owned or operated by a flying club of which the person giving the instructionor conducting the test and the person receiving the instruction or undergoing the testare both members.

(11) Notwithstanding anything in this article—

(a) the holder of a licence granted or rendered valid under this Order, being a licenceendorsed to the eVect that the holder does not satisfy in full the relevant minimumstandards established under the Chicago Convention, shall not act as a member of theflight crew of an aircraft registered in the United Kingdom in or over the territory ofa Contracting State other than the United Kingdom, except in accordance withpermission granted by the competent authorities of that State;

(b) the holder of a licence granted or rendered valid under the law of a Contracting Stateother than the United Kingdom, being a licence endorsed as aforesaid, shall not actas a member of the flight crew of any aircraft in or over the United Kingdom exceptin accordance with permission granted by the CAA, whether or not the licence is oris deemed to be rendered valid under this Order.

Grant, renewal and eVect of flight crew licences

27.—(1) Subject to paragraph (2), the CAA shall grant licences, subject to such conditionsas it thinks fit, of any of the classes specified in Part A of Schedule 8 authorising the holder toact as a member of the flight crew of an aircraft registered in the United Kingdom, upon beingsatisfied that the applicant is—

(a) a fit person to hold the licence; and

(b) is qualified by reason of his knowledge, experience, competence, skill and physicaland mental fitness to act in the capacity to which the licence relates;

and for that purpose the applicant shall furnish such evidence and undergo such examinationsand tests (including in particular medical examinations) and undertake such courses of trainingas the CAA may require of him.

(2) The CAA shall not grant—

(a) a United Kingdom Private Pilot’s Licence (Aeroplanes) to any person who was noton 30th June 2000 the holder of such a licence;

(b) a United Kingdom Basic Commercial Pilot’s Licence (Aeroplanes) to any person whowas not on 30th June 2000 the holder of such a licence;

(c) a United Kingdom Private Pilot’s Licence (Helicopters) to any person who was noton 31st December 2000 the holder of such a licence;

(d) a United Kingdom Commercial Pilot’s Licence (Aeroplanes) or a United KingdomAirline Transport Pilot’s Licence (Aeroplanes) to any person who was not on 30thJune 2002 respectively the holder of such a licence;

(e) a United Kingdom Commercial Pilot’s Licence (Helicopters) or a United KingdomAirline Transport Pilot’s Licence (Helicopters) to any person who was not on 31stDecember 2002 respectively the holder of such a licence.

(3) A licence granted under this article—

(a) shall not be valid unless it bears thereon the ordinary signature of the holder in inkor indelible pencil;

(b) subject to article 92 shall—

(i) remain in force for the period indicated in the licence, not exceeding the periodspecified in respect of a licence of that class in Part A of Schedule 8, and may berenewed by the CAA from time to time upon being satisfied that the applicant isa fit person and qualified as aforesaid;

(ii) if no period is indicated in the licence, remain in force, subject as aforesaid forthe lifetime of the holder;

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(c) shall not be granted to any person who is under the minimum age specified for thatclass of licence in Part A of Schedule 8.

(4) Subject to paragraph (5), the CAA may include in a licence a rating or qualification,subject to such conditions as it thinks fit, of any of the classes specified in Part B of Schedule8, upon being satisfied that the applicant is qualified as aforesaid to act in the capacity to whichthe rating or qualification relates, and such rating or qualification shall be deemed to form partof the licence.

(5) The CAA shall not—

(a) grant a flying instructor’s rating (aeroplanes), an assistant flying instructor’s rating(aeroplanes), a flying instructor’s rating (helicopters) or an assistant flying instructor’srating (helicopters);

(b) include in a United Kingdom Private Pilot’s Licence (Aeroplanes) containing only amicrolight class rating (in this part of this Order and in Schedule 8 called “a microlightlicence”) or only an SLMG class rating (in this Part and in Schedule 8 called “anSLMG licence”) granted on or after 1st July 2000 any additional class or type rating;

(c) include in a National Private Pilot’s Licence (Aeroplanes) any rating or qualificationother than an aircraft rating which includes only one or more of a simple single engineaeroplane (NPPL) class rating, a Microlight class rating or an SLMG class rating;

(d) include a simple single engine aeroplane (NPPL) class rating, a Microlight class ratingor an SLMG class rating in an aircraft rating included in any United Kingdomlicence.

(6) Nothing in this Order shall oblige the CAA to accept an application for the issue of aNational Private Pilot’s Licence (Aeroplanes) when the application is not supported by suchreports from such persons as the CAA may approve (either generally or in a particular case orclass of cases).

(7) Subject to any conditions of the licence including those specified in Part A of Schedule 8and to any other provisions of this Order, a licence of any class shall entitle the holder toperform the functions specified in respect of that licence in Section 1 of Part A of the saidSchedule under the heading “Privileges” or Section 2 or Section 3 of Part A of the said Scheduleunder the heading “Privileges and conditions”, and a rating or qualification of any class shallentitle the holder of the licence in which such a rating or qualification is included to performthe functions specified in respect of that rating or qualification in Part B of the said Schedule.

Maintenance of privileges of aircraft ratings in United Kingdom licences for which there are noJAR-FCL equivalents except for Basic Commercial Pilot’s Licences and Flight Engineer’sLicences

28.—(1) This article applies to any United Kingdom licence for which there is no JAR-FCLequivalent other than a United Kingdom Basic Commercial Pilot’s Licence and a UnitedKingdom Flight Engineer’s Licence.

(2) Subject to paragraphs (3) and (4), the holder of a pilot’s licence to which this articleapplies shall not be entitled to exercise the privileges of an aircraft rating contained in the licenceon a flight unless the licence bears a valid certificate of test or a valid certificate of experiencein respect of the rating, which certificate shall in either case be appropriate to the functions heis to perform on that flight in accordance with Section 1 of Part C of Schedule 8 and shallotherwise comply with that Section.

(3) The holder of a Private Pilot’s Licence (Balloons and Airships) to which this articleapplies shall be entitled to exercise the privileges of an aircraft rating contained in the licenceon a flight when the licence does not bear a certificate referred to in paragraph (2).

(4) The holder of a Microlight Licence, an SLMG Licence or a United Kingdom PrivatePilot’s Licence (Gyroplanes) shall not be entitled to exercise the privileges of an aircraft ratingcontained in the licence on a flight unless the certificate of test or certificate of experiencerequired by paragraph (2) is included in the personal flying log book required to be kept by himunder article 35.

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(5) The holder of a flight navigator’s licence to which this article applies shall not be entitledto perform functions on a flight to which article 25(9) applies unless the licence bears a validcertificate of experience which certificate shall be appropriate to the functions he is to performon that flight in accordance with Section 1 of Part C of the said Schedule and shall otherwisecomply with that Part.

Maintenance of privileges of aircraft ratings in JAR-FCL licences, United Kingdom licencesfor which there are JAR-FCL equivalents, United Kingdom Basic Commercial Pilot’s Licencesand United Kingdom Flight Engineer’s Licences

29.—(1) This article applies to—

(a) JAR-FCL licences;

(b) United Kingdom licences for which there are JAR-FCL equivalents;

(c) United Kingdom Basic Commercial Pilot’s Licences; and

(d) United Kingdom Flight Engineer’s Licences.

(2) The holder of a pilot’s licence to which this article applies shall not be entitled to exercisethe privileges of an aircraft rating contained in the licence on a flight unless—

(a) the licence bears a valid certificate of revalidation in respect of the rating; and

(b) the holder has undertaken diVerences training in accordance with paragraph 1.235 ofSection 1 of JAR-FCL 1 in the case of an aeroplane and paragraph 2.235 of Section1 of JAR-FCL 2 in the case of a helicopter and has had particulars thereof entered inhis personal flying log book in accordance with the relevant paragraph.

(3) The holder of a United Kingdom Flight Engineer’s Licence shall not be entitled toexercise the privileges of an aircraft rating contained in the licence on a flight unless the licencebears a valid certificate of revalidation in respect of the rating.

Maintenance of privileges of aircraft ratings in National Private Pilot’s Licences

30.—(1) The holder of a National Private Pilot’s Licence (Aeroplanes) shall not be entitledto exercise the privileges of a simple single engine aeroplane (NPPL) class rating contained inthe licence on a flight unless the rating is valid in accordance with Section 3 of Part C ofSchedule 8.

(2) The holder of a National Private Pilot’s Licence (Aeroplanes) shall not be entitled toexercise the privileges of an SLMG class rating or a Microlight class rating contained in thelicence on a flight unless the licence includes a valid certificate of test or a valid certificate ofexperience in respect of the rating, which certificate shall in either case be appropriate to thefunctions he is to perform on that flight in accordance with Section 1 of Part C of Schedule 8and shall otherwise comply with that Section.

Maintenance of privileges of other ratings

31.—(1) A person shall not be entitled to perform the functions to which a flying instructor’srating (gyroplanes), an assistant flying instructor’s rating (gyroplanes) or an instrumentmeteorological conditions rating (aeroplanes) relates unless his licence bears a valid certificateof test, which certificate shall be appropriate to the functions to which the rating relates inaccordance with Section 1 of Part C of Schedule 8 and shall otherwise comply with that Part.

(2) A person shall not be entitled to perform the functions to which an instrument rating oran instructor’s rating (other than a flying instructor’s rating (gyroplanes) or an assistant flyinginstructor’s rating (gyroplanes)) relates unless his licence bears a valid certificate of revalidationin respect of the rating.

Medical requirements

32.—(1) The holder of a licence granted under article 27, other than a Flight RadiotelephonyOperator’s Licence, shall not be entitled to perform any of the functions to which his licencerelates unless it includes an appropriate valid medical certificate issued under paragraph (3).

(2) Every applicant for or holder of a licence granted under article 27 shall upon suchoccasions as the CAA may require submit himself to medical examination by a personapproved by the CAA, either generally or in a particular case or class of cases, who shall makea report to the CAA in such form as the CAA may require.

28

(3) On the basis of such medical examination, the CAA or any person approved by it ascompetent to do so may issue a medical certificate subject to such conditions as it or he thinksfit to the eVect that it or he has assessed the holder of the licence as meeting the requirementsspecified in respect of the certificate and the certificate shall, without prejudice to paragraph (6),be valid for such period as is therein specified and shall be deemed to form part of the licence.

(4) A person shall not be entitled to act as a member of the flight crew of an aircraft registeredin the United Kingdom if he knows or suspects that his physical or mental condition rendershim temporarily or permanently unfit to perform such functions or to act in such capacity.

(5) Every holder of a medical certificate issued under this article who—

(a) suVers any personal injury involving incapacity to undertake his functions as amember of the flight crew;

(b) suVers any illness involving incapacity to undertake those functions throughout aperiod of 21 days or more; or

(c) in the case of a woman, has reason to believe that she is pregnant;

shall inform the CAA in writing of such injury, illness or pregnancy, as soon as possible in thecase of injury or pregnancy, and as soon as the period of 21 days has expired in the case ofillness.

(6) The medical certificate shall be deemed to be suspended upon the occurrence of suchinjury or the expiry of such period of illness or the confirmation of the pregnancy; and—

(a) in the case of injury or illness the suspension shall cease upon the holder beingmedically examined under arrangements made by the CAA and pronounced fit toresume his functions as a member of the flight crew or upon the CAA exempting,subject to such conditions as it thinks fit, the holder from the requirement of a medicalexamination; and

(b) in the case of pregnancy, the suspension may be lifted by the CAA for such period andsubject to such conditions as it thinks fit and shall cease upon the holder beingmedically examined under arrangements made by the CAA after the pregnancy hasended and pronounced fit to resume her functions as a member of the flight crew.

Miscellaneous licensing provisions

33.—(1) A person who, on the last occasion when he took a test for the purposes of article28, 29, 30 or 31 failed that test shall not be entitled to fly in the capacity for which that test wouldhave qualified him had he passed it.

(2) Nothing in this Order shall prohibit the holder of a pilot’s licence from acting as pilot ofan aircraft certificated for single pilot operation when, with the permission of the CAA, he istesting any person for the purposes of articles 27(1), 27(4), 28(2), 29(2) or 31,notwithstanding that—

(a) the type of aircraft in which the test is conducted is not specified in an aircraft ratingincluded in his licence; or

(b) the licence or personal flying log book, as the case may be, does not include a validcertificate of test, experience or revalidation in respect of the type of aircraft.

(3) Without prejudice to any other provision of this Order the CAA may, for the purpose ofthis Part of this Order—


(b) authorise a person to conduct such examinations or tests as it may specify; and

(c) approve a person to provide any course of training or instruction.

Validation of licences

34.—(1) Subject to paragraphs (2) and (6), the CAA may issue a certificate of validationrendering valid for the purposes of this Order any flight crew licence granted under the law ofany country other than the United Kingdom.

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(2) In accordance with Council Directive 91/670 EEC(a) on mutual acceptance of personnellicences for the exercise of functions in civil aviation as it has eVect in accordance with the EEAAgreement(b) as amended by the Decision of the EEA Joint Committee No. 7/94 of 21st March1994(c), the CAA shall, subject to paragraphs (4) and (5), issue a certificate of validationrendering valid a relevant licence granted under the law of an EEA State.

(3) For the purposes of this article, a relevant licence is one based on requirements equivalentto those for the equivalent licence granted by the CAA under article 27.

(4) The CAA—

(a) may ask the Commission for an opinion on the equivalence of a licence submitted forvalidation under paragraph (2) of this article within three weeks of receipt by the CAAof all necessary information in respect of an application for validation;

(b) shall, if it does not ask the Commission for such an opinion, within three months ofreceipt of all necessary information in respect of the application either issue thecertificate of validation or inform the applicant of any additional requirements ortests which are necessary to enable the CAA to grant the certificate of validation.

(5) If after the examination of a licence the CAA has reasonable doubts as to the equivalenceof that licence—

(a) the CAA may stipulate additional requirements or tests (or both) as necessary toenable the certificate of validation to be issued;

(b) the CAA shall notify any such additional requirements or tests (or both) as soon asreasonably practicable to the licence holder, the authority which issued the licenceand to the Commission.

(6) In accordance with the said Council Directive, the CAA shall issue a certificate ofvalidation rendering valid any licence issued in accordance with the requirements of Annex 1to the Chicago Convention if the bearer satisfies the special validation requirements laid downin the annex to the said Council Directive.

Personal flying log book

35.—(1) Every member of the flight crew of an aircraft registered in the United Kingdomand every person who engages in flying for the purpose of qualifying for the grant or renewalof a licence under this Order shall keep a personal flying log book in which the followingparticulars shall be recorded—

(a) the name and address of the holder of the log book;

(b) particulars of the holder’s licence (if any) to act as a member of the flight crew of anaircraft; and

(c) the name and address of his employer (if any).

(2) Particulars of each flight during which the holder of the log book acted either as amember of the flight crew of an aircraft or for the purpose of qualifying for the grant or renewalof a licence under this Order, as the case may be, shall be recorded in the log book at the endof each flight or as soon thereafter as is reasonably practicable, including—

(a) the date, the places at which the holder embarked on and disembarked from theaircraft and the time spent during the course of a flight when he was acting in eithercapacity;

(b) the type and registration marks of the aircraft;

(c) the capacity in which the holder acted in flight;

(d) particulars of any special conditions under which the flight was conducted, includingnight flying and instrument flying; and

(e) particulars of any test or examination undertaken whilst in flight.

(3) For the purposes of this article, a helicopter shall be deemed to be in flight from themoment the helicopter first moves under its own power for the purpose of taking oV until therotors are next stopped.

a)( O.J. No. L 373, 31.12.91, p. 21.b)( Cm 2073 and 2183.c)( Decision of the EEA Joint Committee No. 7/94 of 21st March 1994 amending Protocol 47 and certain Annexes to the

EEA Agreement: O.J. No. L 160, 28.6.94, p. 1.

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(4) Particulars of any test or examination undertaken whilst in a flight simulator shall berecorded in the log book, including—

(a) the date of the test or examination;

(b) the type of simulator;

(c) the capacity in which the holder acted; and

(d) the nature of the test or examination.

Instruction in flying

36.—(1) A person shall not give any instruction in flying to which this article applies unless—

(a) he holds a licence, granted or rendered valid under this Order or a JAA licence,entitling him to act as pilot in command of the aircraft for the purpose and in thecircumstances under which the instruction is to be given; and

(b) his licence includes an instructor’s rating entitling the holder to give the instruction.

(2) This article applies to instruction in flying given to any person flying or about to fly aflying machine or glider for the purpose of becoming qualified for—

(a) the grant of a pilot’s licence; and

(b) the inclusion or variation of any rating or qualification in his licence.

Glider pilot—minimum age

37. A person under the age of 16 years shall not act as pilot in command of a glider.

PART 5

Operation of Aircraft

Operations manual

38.—(1) This article—

(a) shall, subject to sub-paragraph (b), apply to public transport aircraft registered in theUnited Kingdom except aircraft used for the time being solely for flights not intendedto exceed 60 minutes in duration, which are either—

(i) flights solely for training persons to perform duties in an aircraft; or

(ii) flights intended to begin and end at the same aerodrome; and

(b) shall not apply to an aircraft flying, or intended by the operator of the aircraft to flysolely under and in accordance with the terms of a police air operator’s certificate.

(2) The operator of every aircraft to which this article applies shall—

(a) make available to each member of his operating staV an operations manual;

(b) ensure that each copy of the operations manual is kept up to date; and

(c) ensure that on each flight every member of the crew has access to a copy of every partof the operations manual which is relevant to his duties on the flight.

(3) An operations manual—

(a) shall, subject to sub-paragraph (b), contain all such information and instructions asmay be necessary to enable the operating staV to perform their duties as suchincluding in particular information and instructions relating to the matters specifiedin Part A of Schedule 9; but

(b) shall not be required to contain any information or instructions available in a flightmanual accessible to the persons by whom the information or instructions may berequired.

(4) An aircraft to which this article applies shall not fly unless, at least 30 days prior to suchflight, the operator of the aircraft has furnished to the CAA a copy of the whole of theoperations manual for the time being in eVect in respect of the aircraft.

(5) Subject to paragraph (6), any amendments or additions to the operations manual shallbe furnished to the CAA by the operator before or immediately after they come into eVect.

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(6) Where an amendment or addition relates to the operation of an aircraft to which theoperations manual did not previously relate, that aircraft shall not fly for the purpose of publictransport until the amendment or addition has been furnished to the CAA.

(7) Without prejudice to paragraphs (4) and (5), the operator shall make such amendmentsor additions to the operations manual as the CAA may require for the purpose of ensuring thesafety of the aircraft or of persons or property carried therein or the safety, eYciency orregularity of air navigation.

(8) If in the course of a flight on which the equipment specified in Scale O in paragraph 6 ofSchedule 4 is required to be provided the said equipment becomes unserviceable, the aircraftshall be operated on the remainder of that flight in accordance with any relevant instructionsin the operations manual.

Police operations manual

39.—(1) This article shall apply to aircraft flying, or intended by the operator of the aircraftto fly solely under and in accordance with the terms of a police air operator’s certificate.

(2) An aircraft to which this article applies shall not fly except under and in accordance withthe terms of Part I and Part II of a police operations manual, Part I of which shall have beenapproved in respect of the aircraft by the CAA.

(3) The operator of every aircraft to which this article applies shall—

(a) make available to each member of its operating staV a police operations manual;

(b) ensure that each copy of the operations manual is kept up to date; and

(c) ensure that on each flight every member of the crew has access to a copy of every partof the operations manual which is relevant to his duties on the flight.

(4) Each police operations manual shall contain all such information and instructions asmay be necessary to enable the operating staV to perform their duties as such.

(5) An aircraft to which this article applies shall not fly unless, not less than 30 days prior tosuch flight, the operator of the aircraft has furnished to the CAA a copy of Part II of the policeoperations manual for the time being in eVect in respect of the aircraft.

(6) Subject to paragraph (7), any amendments or additions to Part II of the police operationsmanual shall be furnished to the CAA by the operator before or immediately after they comeinto eVect.

(7) Where an amendment or addition relates to the operation of an aircraft to which thepolice operations manual did not previously relate, that aircraft shall not fly in the service of apolice authority under and in accordance with the terms of a police operator’s certificate untilthe amendment or addition has been furnished to the CAA.

(8) Without prejudice to paragraph (5), the operator shall make such amendments oradditions to the police operations manual as the CAA may require for the purpose of ensuringthe safety of the aircraft, or of persons or property carried therein, or the safety, eYciency orregularity of air navigation.

Training manual

40.—(1) Subject to paragraph (2), the operator of every aircraft registered in the UnitedKingdom and flying for the purpose of public transport shall—

(a) make a training manual available to every person appointed by the operator to give orto supervise the training, experience, practice or periodical tests required under article42(3); and

(b) ensure that each copy of that training manual is kept up to date.

(2) This article shall not apply to aircraft flying, or intended by the operator of the aircraftto fly solely under and in accordance with the terms of a police air operator’s certificate.

(3) Each training manual shall contain all such information and instructions as may benecessary to enable a person appointed by the operator to give or to supervise the training,experience, practice and periodical tests required under article 42(3) to perform his duties assuch including in particular information and instructions relating to the matters specified inPart B of Schedule 9.

32

(4) An aircraft to which this article applies shall not fly unless not less than 30 days prior tosuch flight the operator of the aircraft has furnished to the CAA a copy of the whole of histraining manual relating to the crew of that aircraft.

(5) Subject to paragraph (6), any amendments or additions to the training manual shall befurnished to the CAA by the operator before or immediately after they come into eVect.

(6) Where an amendment or addition relates to training, experience, practice or periodicaltests on an aircraft to which the training manual did not previously relate, that aircraft shallnot fly for the purpose of public transport until the amendment or addition has been furnishedto the CAA.

(7) Without prejudice to paragraphs (4) and (5), the operator shall make such amendmentsor additions to the training manual as the CAA may require for the purpose of ensuring thesafety of the aircraft, or of persons or property carried therein, or the safety, eYciency orregularity of air navigation.

Flight data monitoring, accident prevention and flight safety programme

41.—(1) The operator of an aircraft registered in the United Kingdom flying for the purposeof public transport shall establish and maintain an accident prevention and flight safetyprogramme.

(2) The operator of an aeroplane registered in the United Kingdom with a maximum totalweight authorised of more than 27,000 kg flying for the purpose of public transport shallinclude a flight data monitoring programme as part of its accident prevention and flight safetyprogramme.

(3) The sole objective of an accident prevention and flight safety programme shall be theprevention of accidents and incidents and each programme shall be designed and managed tomeet that objective.

(4) It shall not be the purpose of an accident prevention and flight safety programme toapportion blame or liability.

Public transport—operator’s responsibilities

42.—(1) The operator of an aircraft registered in the United Kingdom shall not permit theaircraft to fly for the purpose of public transport without first—

(a) designating from among the flight crew a pilot to be the commander of the aircraftfor the flight;

(b) satisfying himself by every reasonable means that the aeronautical radio stations andnavigational aids serving the intended route or any planned diversion are adequatefor the safe navigation of the aircraft; and

(c) subject to paragraph (2), satisfying himself by every reasonable means that—

(i) every place (whether or not an aerodrome) at which it is intended to take oV orland and any alternate place (whether or not an aerodrome) at which a landingmay be made are suitable for the purpose; and

(ii) in particular that they will be adequately manned and equipped at the time atwhich it is reasonably estimated such a take-oV or landing will be made(including that those places will have such manning and equipment as may beprescribed) to ensure so far as practicable the safety of the aircraft and itspassengers.

(2) Without prejudice to any conditions imposed under article 6, the operator of an aircraftshall not be required for the purposes of this article to satisfy himself as to the adequacy of fire-fighting, search, rescue or other services which are required only after the occurrence of anaccident.

(3) The operator of an aircraft registered in the United Kingdom shall not permit any personto be a member of the crew during any flight for the purpose of public transport (except a flightfor the sole purpose of training persons to perform duties in aircraft) unless—

(a) such person has had the training, experience, practice and periodical tests specified inPart C of Schedule 9 in respect of the duties which he is to perform; and

(b) the operator has satisfied himself that such person is competent to perform his duties,and in particular to use the equipment provided in the aircraft for that purpose.

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(4) The operator shall maintain, preserve, produce and furnish information respectingrecords relating to the matters specified in paragraph (3) in accordance with Part C ofSchedule 9.

(5) The operator of an aircraft registered in the United Kingdom shall not permit anymember of the flight crew, during any flight for the purpose of the public transport ofpassengers, to simulate emergency manoeuvres and procedures which the operator has reasonto believe will adversely aVect the flight characteristics of the aircraft.

Loading—public transport aircraft and suspended loads

43.—(1) The operator of an aircraft registered in the United Kingdom shall not cause orpermit it to be loaded for a flight for the purpose of public transport, or any load to besuspended therefrom, except under the supervision of a person whom he has caused to befurnished with written instructions as to the distribution and securing of the load so as toensure that—

(a) the load may safely be carried on the flight; and

(b) any conditions of the certificate of airworthiness or flight manual for the aircraftrelating to the loading of the aircraft are complied with.

(2) Subject to paragraph (3), the instructions shall indicate the weight of the aircraftprepared for service, that is to say the aggregate of the weight of the aircraft (shown in theweight schedule referred to in article 23) and the weight of such additional items in or on theaircraft as the operator thinks fit to include; and the instructions shall indicate the additionalitems included in the weight of the aircraft prepared for service, and show the position of thecentre of gravity of the aircraft at that weight.

(3) Paragraph (2) shall not apply in relation to a flight if—

(a) the aircraft’s maximum total weight authorised does not exceed 1,150 kg;

(b) the aircraft’s maximum total weight authorised does not exceed 2,730 kg and the flightis intended not to exceed 60 minutes in duration and is either—

(i) a flight solely for training persons to perform duties in an aircraft; or

(ii) a flight intended to begin and end at the same aerodrome; or

(c) the aircraft is a helicopter the maximum total weight authorised of which does notexceed 3,000 kg, and the total seating capacity of which does not exceed 5 persons.

(4) The operator of an aircraft registered in the United Kingdom shall not cause or permitit to be loaded for a flight for the purpose of public transport in contravention of theinstructions referred to in paragraph (1).

(5) Subject to paragraphs (6) and (7), the person supervising the loading of the aircraft shall,before the commencement of any such flight, prepare and sign a load sheet in duplicateconforming to the prescribed requirements, and shall (unless he is himself the commander ofthe aircraft) submit the load sheet for examination by the commander of the aircraft who shallsign his name thereon.

(6) The requirements of paragraph (5) shall not apply if—

(a) the load and the distributing and securing thereof upon the next intended flight are tobe unchanged from the previous flight; and

(b) the commander of the aircraft makes and signs an endorsement to that eVect uponthe load sheet for the previous flight, indicating—

(i) the date of the endorsement;

(ii) the place of departure upon the next intended flight; and

(iii) the next intended place of destination.

(7) The requirements of paragraph (5) shall not apply if paragraph (2) does not apply inrelation to the flight.

(8) Subject to paragraph (9), one copy of the load sheet shall be carried in the aircraft whenarticle 86 so requires until the flights to which it relates have been completed and one copy ofthat load sheet and of the instructions referred to in this article shall be preserved by theoperator until the expiration of a period of six months thereafter and shall not be carried inthe aircraft.

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(9) In the case of an aeroplane of which the maximum total weight authorised does notexceed 2,730 kg, or a helicopter, if it is not reasonably practicable for the copy of the load sheetto be kept on the ground it may be carried in the aeroplane or helicopter, as the case may be,in a container approved by the CAA for that purpose.

(10) The operator of an aircraft registered in the United Kingdom and flying for the purposeof the public transport of passengers shall not cause or permit baggage to be carried in thepassenger compartment of the aircraft unless—

(a) such baggage can be properly secured; and

(b) in the case of an aircraft capable of seating more than 30 passengers, such baggage(other than baggage carried in accordance with a permission issued under article54(6)(b)) shall not exceed the capacity of the spaces in the passenger compartmentapproved by the CAA for the purpose of stowing baggage.

Public transport—aeroplanes—operating conditions and performance requirements

44.—(1) Subject to paragraph (4) an aeroplane registered in the United Kingdom and flyingfor the purpose of public transport shall comply with subpart F of Section 1 of JAR-OPS 1.

(2) The assessment of the ability of an aeroplane to comply with paragraph (1) shall be basedon the information as to its performance approved by the state of design and contained in theflight manual for the aeroplane.

(3) In the event of the approved information in the flight manual being insuYcient for thatpurpose such assessment shall be based on additional data acceptable to the CAA.

(4) An aeroplane need not comply with paragraph (1) if it is flying under and in accordancewith a permission granted to the operator by the CAA under paragraph (5).

(5) The CAA may grant in respect of any aeroplane a permission authorising it to complywith the applicable provisions of Schedule 2 to the Air Navigation (General) Regulations2005(a).

(6) The applicable provisions for an aeroplane in respect of which such a permission hasbeen granted shall be those provisions of the said Schedule applicable to an aeroplane of theperformance group specified in the permission.

(7) An aeroplane registered in the United Kingdom flying under and in accordance with apermission granted by the CAA under paragraph (5) when flying over water for the purpose ofpublic transport shall fly, except as may be necessary for the purpose of take-oV or landing, atsuch an altitude as would enable the aeroplane—

(a) if it has one engine only, in the event of the failure of that engine; or

(b) if it has more than one engine, in the event of the failure of one of those engines andwith the remaining engine or engines operating within the maximum continuouspower conditions specified in the certificate of airworthiness or flight manual for theaeroplane;

to reach a place at which it can safely land at a height suYcient to enable it to do so.

(8) Without prejudice to paragraph (7), an aeroplane flying under and in accordance with apermission granted by the CAA under paragraph (5) in respect of which either that permissionor the certificate of airworthiness of the aeroplane designates the aeroplane as being ofperformance group X shall not fly over water for the purpose of public transport so as to bemore than 60 minutes flying time from the nearest shore, unless the aeroplane has more than2 power units.

(9) For the purposes of paragraph (8), flying time shall be calculated at normal cruisingspeed with one power unit inoperative.

Public transport—helicopters—operating conditions and performance requirements

45.—(1) A helicopter registered in the United Kingdom shall not fly for the purpose ofpublic transport, except for the sole purpose of training persons to perform duties in ahelicopter unless such requirements as may be prescribed in respect of its weight and relatedperformance and flight in specified meteorological conditions or at night are complied with.

a)( S.I. 2005/1980.

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(2) The assessment of the ability of a helicopter to comply with paragraph (1) shall be basedon the information as to its performance approved by the state of design and contained in theflight manual for the helicopter.

(3) In the event of the approved information in the flight manual being insuYcient for thatpurpose such assessment shall be based on additional data acceptable to the CAA.

(4) A helicopter registered in the United Kingdom when flying over water for the purposeof public transport shall fly, except as may be necessary for the purpose of take-oV or landing,at such an altitude as would enable the helicopter—

(a) if it has one engine only, in the event of the failure of that engine; or

(b) if it has more than one engine, in the event of the failure of one of those engines andwith the remaining engine or engines operating within the maximum continuouspower conditions specified in the certificate of airworthiness or flight manual for thehelicopter;

to reach a place at which it can safely land at a height suYcient to enable it to do so.

(5) Without prejudice to paragraph (4), a helicopter carrying out Performance Class 3operations—

(a) shall not fly over water for the purpose of public transport in the specifiedcircumstances unless it is equipped with the required apparatus;

(b) which is equipped with the required apparatus and which is flying under and inaccordance with the terms of an air operator’s certificate granted by the CAA underarticle 6(2), shall not fly in the specified circumstances on any flight for more thanthree minutes except with the permission in writing of the CAA;

(c) which is equipped with the required apparatus and which is flying under and inaccordance with the terms of a police air operator’s certificate—

(i) on which is carried any passenger who is not a permitted passenger, shall not flyin the specified circumstances on any flight for more than 20 minutes;

(ii) on which no passenger is carried other than a permitted passenger, shall not flyover water on any flight for more than 10 minutes so as to be more than 5 minutesfrom a point from which it can make an autorotative descent to land suitable foran emergency landing;

(d) shall not fly for the purpose of public transport over that part of the bed of the RiverThames which lies between the following points—

(i) Hammersmith Bridge (512918N) (0001351W); and

(ii) Greenwich Reach (512906N) (0000043W)

between the ordinary high water marks on each of its banks unless it is equipped withthe required apparatus.

(6) For the purposes of paragraph (5) flying time shall be calculated on the assumption thata helicopter is flying in still air at the speed specified in the flight manual for the helicopter asthe speed for compliance with regulations governing flights over water.

(7) Without prejudice to paragraph (4), a helicopter carrying out Performance Class 1 orPerformance Class 2 operations—

(a) which is flying under and in accordance with the terms of an air operator’s certificategranted by the CAA under article 6(2), shall not fly over water for the purpose ofpublic transport for more than 15 minutes during any flight unless it is equipped withthe required apparatus;

(b) which is not equipped with the required apparatus and which is flying under and inaccordance with the terms of a police air operator’s certificate on which any passengeris carried who is not a permitted passenger, shall not fly over any water on any flightfor more than 15 minutes.

(8) Notwithstanding paragraph (1), a helicopter specified in its flight manual as being ineither Group A or Category A may fly for the purpose of public transport in accordance withthe weight and related performance requirements prescribed for helicopters carrying out—

(a) Performance Class 2 operations if—

(i) the maximum total weight authorised of the helicopter is less than 5,700 kg; and

(ii) the total number of passengers carried on the helicopter does not exceed 15; or

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(b) Performance Class 3 operations if—

(i) the maximum total weight authorised of the helicopter is less than 3,175 kg; and

(ii) the total number of passengers carried does not exceed 9.

(9) For the purposes of this article—

(a) “permitted passenger” means—

(i) a police oYcer;

(ii) an employee of a police authority in the course of his duty;

(iii) a medical attendant;

(iv) the holder of a valid pilot’s licence who intends to act as a member of the flightcrew of an aircraft flying under and in accordance with the terms of a police airoperator’s certificate and who is being carried for the purpose of training orfamiliarisation;

(v) a CAA Flight Operations Inspector;

(vi) a Home OYce police aviation adviser;

(vii) an employee of a fire and rescue authority under the Fire and Rescue ServicesAct 2004(a);

(viii) an oYcer of revenue and customs;

(ix) an employee of the Ministry of Defence in the course of his duty; or

(x) such other person being carried for purposes connected with police operations asmay be permitted in writing by the CAA;

(b) “required apparatus” means apparatus approved by the CAA enabling the helicopterto which it is fitted to land safely on water; and

(c) “specified circumstances” means circumstances in which a helicopter is more than 20seconds flying time from a point from which it can make an autorotative descent toland suitable for an emergency landing.

Public transport operations at night or in Instrument Meteorological Conditions by aeroplaneswith one power unit which are registered elsewhere than in the United Kingdom

46. An aeroplane which is registered elsewhere than in the United Kingdom and is poweredby one power unit only shall not fly for the purpose of public transport at night or when thecloud ceiling or visibility prevailing at the aerodrome of departure or forecast for the estimatedtime of landing at the aerodrome at which it is intended to land or at any alternate aerodromeare less than 1,000 feet and 1 nautical mile respectively.

Public transport aircraft registered in the United Kingdom—aerodrome operating minima

47.—(1) This article shall apply to public transport aircraft registered in the UnitedKingdom.

(2) Subject to paragraph (3), the operator of every aircraft to which this article applies shallestablish and include in the operations manual or the police operations manual relating to theaircraft the particulars (in this sub-article called “the said particulars”) of the aerodromeoperating minima appropriate to every aerodrome of intended departure or landing and everyalternate aerodrome.

(3) In relation to any flight where—

(a) neither an operations manual nor a police operations manual is required by thisOrder; or

(b) it is not practicable to include the said particulars in the operations manual or thepolice operations manual;

the operator of the said aircraft shall, prior to the commencement of the flight, cause to befurnished in writing to the commander of the aircraft the said particulars calculated inaccordance with the required data and instructions provided in accordance with paragraph (4)or (5) and the operator shall cause a copy of the said particulars to be retained outside theaircraft for at least three months after the flight.

a)( 2004 c. 21.

37

(4) The operator of every aircraft to which this article applies for which an operationsmanual or a police operations manual is required by this Order, shall include in that operationsmanual such data and instructions (in this article called “the required data and instructions”)as will enable the commander of the aircraft to calculate the aerodrome operating minimaappropriate to aerodromes the use of which cannot reasonably have been foreseen by theoperator prior to the commencement of the flight.

(5) The operator of every aircraft to which this article applies for which neither an operationsmanual nor a police operations manual is required by this Order shall, prior to thecommencement of the flight, cause to be furnished in writing to the commander of the aircraftthe required data and instructions; and the operator shall cause a copy of the required data andinstructions to be retained outside the aircraft for at least three months after the flight.

(6) The specified aerodrome operating minima shall not permit a landing or take-oV incircumstances where the relevant aerodrome operating minima declared by the competentauthority would prohibit it, unless that authority otherwise permits in writing.

(7) In establishing aerodrome operating minima for the purposes of this article the operatorof the aircraft shall take into account the following matters—

(a) the type and performance and handling characteristics of the aircraft and any relevantconditions in its certificate of airworthiness;

(b) the composition of its crew;

(c) the physical characteristics of the relevant aerodrome and its surroundings;

(d) the dimensions of the runways which may be selected for use; and

(e) whether or not there are in use at the relevant aerodrome any aids, visual or otherwise,to assist aircraft in approach, landing or take-oV, being aids which the crew of theaircraft are trained and equipped to use, the nature of any such aids that are in use,and the procedures for approach, landing and take-oV which may be adoptedaccording to the existence or absence of such aids;

and shall establish in relation to each runway which may be selected for use such aerodromeoperating minima as are appropriate to each set of circumstances which can reasonably beexpected.

(8) An aircraft to which this article applies shall not commence a flight at a time when—

(a) the cloud ceiling or the runway visual range at the aerodrome of departure is less thanthe relevant minimum specified for take-oV; or

(b) according to the information available to the commander of the aircraft it would notbe able without contravening paragraph (9) or (10), to land at the aerodrome ofintended destination at the estimated time of arrival there and at any alternateaerodrome at any time at which according to a reasonable estimate the aircraft wouldarrive there.

(9) An aircraft to which article 38 applies, when making a descent to an aerodrome, shall notdescend from a height of 1,000 feet or more above the aerodrome to a height less than 1,000feet above the aerodrome if the relevant runway visual range at the aerodrome is at the timeless than the specified minimum for landing.

(10) An aircraft to which this article applies, when making a descent to an aerodrome,shall not—

(a) continue an approach to landing at any aerodrome by flying below the relevantspecified decision height; or

(b) descend below the relevant specified minimum descent height;

unless in either case from such height the specified visual reference for landing is establishedand is maintained.

(11) If, according to the information available, an aircraft would as regards any flight berequired by the Rules of the Air Regulations 1996(a) to be flown in accordance with theInstrument Flight Rules at the aerodrome of intended landing, the commander of the aircraftshall select prior to take-oV an alternate aerodrome unless no aerodrome suitable for thatpurpose is available.

a)( S.I. 1996/1393.

38

(12) In this article “specified” in relation to aerodrome operating minima means suchparticulars of aerodrome operating minima as have been specified by the operator in, or areascertainable by reference to, the operations manual relating to that aircraft, or furnished inwriting to the commander of the aircraft by the operator in accordance with paragraph (3).

Public transport aircraft registered elsewhere than in the United Kingdom—aerodromeoperating minima

48.—(1) This article shall apply to public transport aircraft registered elsewhere than in theUnited Kingdom.

(2) An aircraft to which this article applies shall not fly in or over the United Kingdom unlessthe operator has made available to the flight crew, aerodrome operating minima which complywith paragraph (3) in respect of every aerodrome at which it is intended to land or take oV andevery alternate aerodrome.

(3) The aerodrome operating minima provided in accordance with paragraph (2) shall be noless restrictive than either—

(a) minima calculated in accordance with the notified method for calculating aerodromeoperating minima; or

(b) minima which comply with the law of the country in which the aircraft is registered;whichever are the more restrictive.

(4) An aircraft to which this article applies shall not:

(a) conduct a Category II, Category IIIA or Category IIIB approach and landing; or

(b) take oV when the relevant runway visual range is less than 150 metres;

otherwise than under and in accordance with the terms of an approval so to do granted inaccordance with the law of the country in which it is registered.

(5) An aircraft to which this article applies shall not take oV from or land at an aerodromein the United Kingdom in contravention of the specified aerodrome operating minima.

(6) Without prejudice to paragraphs (4) and (5), an aircraft to which this article applies,when making a descent to an aerodrome, shall not descend from a height of 1,000 feet or moreabove the aerodrome to a height of less than 1,000 feet above the aerodrome if the relevantrunway visual range at the aerodrome is at the time less than the specified minimum for landing.

(7) Without prejudice to paragraphs (4) and (5), an aircraft to which this article applies,when making a descent to an aerodrome, shall not—

(a) continue an approach to landing at any aerodrome by flying below the relevantspecified decision height; or



(8) In this article—

(a) “specified” means specified by the operator in the aerodrome operating minima madeavailable to the flight crew under paragraph (2);

(b) “a Category II approach and landing” means a landing following a precisionapproach using an Instrument Landing System or Microwave Landing Systemwith—

(i) a decision height below 200 feet but not less than 100 feet; and

(ii) a runway visual range of not less than 300 metres;

(c) “a Category IIIA approach and landing” means a landing following a precisionapproach using an Instrument Landing System or Microwave Landing Systemwith—

(i) a decision height lower than 100 feet; and

(ii) a runway visual range of not less than 200 metres; and

(d) “a Category IIIB approach and landing” means a landing following a precisionapproach using an Instrument Landing System or Microwave Landing Systemwith—

(i) a decision height lower than 50 feet or no decision height; and

(ii) a runway visual range of less than 200 metres but not less than 75 metres.

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Non-public transport aircraft—aerodrome operating minima

49.—(1) This article shall apply to any aircraft which is not a public transport aircraft.

(2) An aircraft to which this article applies shall not—

(a) conduct a Category II, Category IIIA or Category IIIB approach and landing; or

(b) take oV when the relevant runway visual range is less than 150 metres;

otherwise than under and in accordance with the terms of an approval so to do granted inaccordance with the law of the country in which it is registered.

(3) In the case of an aircraft registered in the United Kingdom, the approval referred to inparagraph (2) shall be issued by the CAA.

(4) Without prejudice to paragraph (2), an aircraft to which this article applies when makinga descent at an aerodrome to a runway in respect of which there is a notified instrumentapproach procedure shall not descend from a height of 1,000 feet or more above the aerodrometo a height less than 1,000 feet above the aerodrome if the relevant runway visual range for thatrunway is at the time less than the specified minimum for landing.

(5) Without prejudice to paragraph (2), an aircraft to which this article applies when makinga descent to a runway in respect of which there is a notified instrument approach procedureshall not—

(a) continue an approach to landing on such a runway by flying below the relevantspecified decision height; or



(6) If, according to the information available, an aircraft would as regards any flight berequired by the Rules of the Air Regulations 1996(a) to be flown in accordance with theInstrument Flight Rules at the aerodrome of intended landing, the commander of the aircraftshall select prior to take-oV an alternate aerodrome unless no aerodrome suitable for thatpurpose is available.

(7) In this article “specified” in relation to aerodrome operating minima means suchparticulars of aerodrome operating minima as have been notified in respect of the aerodromeor if the relevant minima have not been notified such minima as are ascertainable by referenceto the notified method for calculating aerodrome operating minima.

(8) In this article Category II, Category IIIA and Category IIIB approach and landing havethe same meaning as in article 48(8).

Pilots to remain at controls

50.—(1) The commander of a flying machine or glider registered in the United Kingdomshall cause one pilot to remain at the controls at all times while it is in flight.

(2) If the flying machine or glider is required by or under this Order to carry two pilots, thecommander shall cause both pilots to remain at the controls during take-oV and landing.

(3) If the flying machine or glider carries two or more pilots (whether or not it is requiredto do so) and is engaged on a flight for the purpose of the public transport of passengers, thecommander shall remain at the controls during take-oV and landing.

(4) Each pilot at the controls shall be secured in his seat by either a safety belt with or withoutone diagonal shoulder strap, or a safety harness except that during take-oV and landing a safetyharness shall be worn if it is required by article 19 and Schedule 4 to be provided.

Wearing of survival suits by crew

51.—(1) Subject to paragraph (2), each member of the crew of an aircraft registered in theUnited Kingdom shall wear a survival suit if such a suit is required by article 19 and Schedule4 to be carried.

(2) This article shall not apply to any member of the crew of such an aircraft flying underand in accordance with the terms of a police air operator’s certificate.

a)( S.I. 1996/1393.

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Pre-flight action by commander of aircraft

52. The commander of an aircraft registered in the United Kingdom shall take allreasonable steps to satisfy himself before the aircraft takes oV—

(a) that the flight can safely be made, taking into account the latest information availableas to the route and aerodrome to be used, the weather reports and forecasts availableand any alternative course of action which can be adopted in case the flight cannot becompleted as planned;

(b) either that—

(i) the equipment required by or under this Order to be carried in the circumstancesof the intended flight is carried and is in a fit condition for use; or

(ii) the flight may commence under and in accordance with the terms of a permissiongranted to the operator under article 21;

(c) that the aircraft is in every way fit for the intended flight, and that where a certificateof maintenance review is required by article 14(1) to be in force, it is in force and willnot cease to be in force during the intended flight;

(d) that the load carried by the aircraft is of such weight, and is so distributed and secured,that it may safely be carried on the intended flight;

(e) in the case of a flying machine or airship, that suYcient fuel, oil and engine coolant(if required) are carried for the intended flight, and that a safe margin has beenallowed for contingencies, and, in the case of a flight for the purpose of publictransport, that the instructions in the operations manual relating to fuel, oil andengine coolant have been complied with;

(f) in the case of an airship or balloon, that suYcient ballast is carried for the intendedflight;

(g) in the case of a flying machine, that having regard to the performance of the flyingmachine in the conditions to be expected on the intended flight, and to anyobstructions at the places of departure and intended destination and on the intendedroute, it is capable of safely taking oV, reaching and maintaining a safe heightthereafter and making a safe landing at the place of intended destination;

(h) that any pre-flight check system established by the operator and set out in theoperations manual or elsewhere has been complied with by each member of the crewof the aircraft; and

(i) in the case of a balloon, that the balloon will be able to land clear of any congestedarea.

Passenger briefing by commander

53.—(1) Subject to paragraph (2), the commander of an aircraft registered in the UnitedKingdom shall take all reasonable steps to ensure—

(a) before the aircraft takes oV on any flight, that all passengers are made familiar withthe position and method of use of emergency exits, safety belts (with diagonalshoulder strap where required to be carried), safety harnesses and (where required tobe carried) oxygen equipment, lifejackets and the floor path lighting system and allother devices required by or under this Order and intended for use by passengersindividually in the case of an emergency occurring to the aircraft; and

(b) that in an emergency during a flight, all passengers are instructed in the emergencyaction which they should take.

(2) This article shall not apply to the commander of an aircraft registered in the UnitedKingdom in relation to a flight under and in accordance with the terms of a police air operator’scertificate.

Public transport of passengers—additional duties of commander

54.—(1) This article applies to flights for the purpose of the public transport of passengersby aircraft registered in the United Kingdom other than flights under and in accordance withthe terms of a police air operator’s certificate.

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(2) In the case of an aircraft which is not a seaplane, on a flight to which this article applieson which it is intended to reach a point more than 30 minutes flying time (while flying in stillair at the speed specified in the relevant certificate of airworthiness or flight manual as the speedfor compliance with regulations governing flights over water) from the nearest land, thecommander shall, subject to paragraph (9), take all reasonable steps to ensure that before take-oV all passengers are given a demonstration of the method of use of the lifejackets required byor under this Order for the use of passengers.

(3) In the case of an aircraft which is not a seaplane but is required by article 25(13) to carrycabin crew, the commander shall, subject to paragraph (9), take all reasonable steps to ensurethat, before the aircraft takes oV on a flight to which this article applies on which—

(a) it is intended to proceed beyond gliding distance from land; or

(b) in the event of any emergency occurring during the take-oV or during the landing atthe intended destination or any likely alternate destination it is reasonably possiblethat the aircraft would be forced to land onto water;

all passengers are given a demonstration of the method of use of the lifejackets required by orunder this Order for the use of passengers.

(4) In the case of an aircraft which is a seaplane, the commander shall take all reasonablesteps to ensure that before the aircraft takes oV on a flight to which this article applies allpassengers are given a demonstration of the method of use of the the lifejackets required by orunder this Order for the use of passengers.

(5) Before the aircraft takes oV on a flight to which this article applies, and before it lands,the commander shall take all reasonable steps to ensure that the crew of the aircraft are properlysecured in their seats and that any persons carried in compliance with article 25(13) and (14)are properly secured in seats which shall be in a passenger compartment and which shall be sosituated that those persons can readily assist passengers.

(6) From the moment when, after the embarkation of its passengers for the purpose oftaking oV on a flight to which this article applies, it first moves until after it has taken oV, andbefore it lands until it comes to rest for the purpose of the disembarkation of its passengers, andwhenever by reason of turbulent air or any emergency occurring during the flight he considersthe precaution necessary the commander shall take all reasonable steps to ensure that—

(a) all passengers of 2 years of age or more are properly secured in their seats by safetybelts (with diagonal shoulder strap, where required to be carried) or safety harnessesand that all passengers under the age of 2 years are properly secured by means of achild restraint device; and

(b) those items of baggage in the passenger compartment which he reasonably considersought by virtue of their size, weight or nature to be properly secured are properlysecured and, in the case of an aircraft capable of seating more than 30 passengers, thatsuch baggage is either stowed in the passenger compartment stowage spaces approvedby the CAA for the purpose or carried in accordance with the terms of a permissiongranted by the CAA.

(7) In the case of aircraft in respect of which a certificate of airworthiness was first issued(whether in the United Kingdom or elsewhere) on or after 1st January 1989 except in a casewhere a pressure greater than 700 hectopascals is maintained in all passenger and crewcompartments throughout the flight, the commander shall take all reasonable steps to ensurethat on a flight to which this article applies—

(a) before the aircraft reaches flight level 100 the method of use of the oxygen providedin the aircraft in compliance with the requirements of article 19 and Schedule 4 isdemonstrated to all passengers;

(b) when flying above flight level 120 all passengers and cabin crew are recommended touse oxygen; and

(c) during any period when the aircraft is flying above flight level 100 oxygen is used byall the flight crew of the aircraft.

(8) In the case of aircraft in respect of which a certificate of airworthiness was first issued(whether in the United Kingdom or elsewhere) prior to 1st January 1989, except in the casewhere a pressure greater than 700 hectopascals is maintained in all passenger and crewcompartments throughout the flight, the commander shall take all reasonable steps to ensurethat on a flight to which this article applies—

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(a) before the aircraft reaches flight level 130 the method of use of the oxygen providedin the aircraft in compliance with the requirements of article 19 and Schedule 4 isdemonstrated to all passengers;

(b) when flying above flight level 130 all passengers and cabin crew are recommended touse oxygen; and

(c) during any period when the aircraft is flying above flight level 100 oxygen is used byall the flight crew of the aircraft;

provided that he may comply instead with paragraph (7).

(9) Where the only requirement to give a demonstration required by paragraph (2) or (3)arises because it is reasonably possible that the aircraft would be forced to land onto water atone or more of the likely alternate destinations the demonstration need not be given until afterthe decision has been taken to divert to such a destination.

Operation of radio in aircraft

55.—(1) A radio station in an aircraft shall not be operated, whether or not the aircraft is inflight, except in accordance with the conditions of the licence issued in respect of that stationunder the law of the country in which the aircraft is registered or the State of the operator andby a person duly licensed or otherwise permitted to operate the radio station under that law.

(2) Subject to paragraph (3), whenever an aircraft is in flight in such circumstances that it isrequired by or under this Order to be equipped with radio communications apparatus, acontinuous radio watch shall be maintained by a member of the flight crew listening to thesignals transmitted upon the frequency notified, or designated by a message received from anappropriate aeronautical radio station, for use by that aircraft.

(3) The radio watch—

(a) may be discontinued or continued on another frequency if a message from anappropriate aeronautical radio station permits;

(b) may be kept by a device installed in the aircraft if—

(i) the appropriate aeronautical radio station has been informed to that eVect andhas raised no objection; and

(ii) that station is notified, or in the case of a station situated in a country other thanthe United Kingdom, otherwise designated as transmitting a signal suitable forthat purpose.

(4) Whenever an aircraft is in flight in such circumstances that it is required by or under thisOrder to be equipped with radio communication or radio navigation equipment a member ofthe flight crew shall operate that equipment in such a manner as he may be instructed by theappropriate air traYc control unit or as may be notified in relation to any notified airspace inwhich the aircraft is flying.

(5) The radio station in an aircraft shall not be operated so as to cause interference whichimpairs the eYciency of aeronautical telecommunications or navigational services, and inparticular emissions shall not be made except as follows—

(a) emissions of the class and frequency for the time being in use, in accordance withgeneral international aeronautical practice, in the airspace in which the aircraft isflying;

(b) distress, urgency and safety messages and signals, in accordance with generalinternational aeronautical practice;

(c) messages and signals relating to the flight of the aircraft, in accordance with generalinternational aeronautical practice; and

(d) such public correspondence messages as may be permitted by or under the aircraftradio station licence referred to in paragraph (1).

(6) In any flying machine registered in the United Kingdom which is engaged on a flight forthe purpose of public transport the pilot and the flight engineer (if any) shall not make use ofa hand-held microphone (whether for the purpose of radio communication or ofintercommunication within the aircraft) whilst the aircraft is flying in controlled airspace belowflight level 150 or is taking oV or landing.

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Minimum navigation performance

56.—(1) An aircraft registered in the United Kingdom shall not fly in North AtlanticMinimum Navigation Performance Specification airspace unless it is equipped with navigationsystems which enable the aircraft to maintain the prescribed navigation performancecapability.

(2) The equipment required by paragraph (1) shall—

(a) be approved by EASA or the CAA;

(b) be installed in a manner approved by EASA in the case of an EASA aircraft and theCAA in the case of a non-EASA aircraft;

(c) be maintained in a manner approved by the CAA; and

(d) while the aircraft is flying in the said airspace, be operated in accordance withprocedures approved by the CAA.

Height keeping performance—aircraft registered in the United Kingdom

57.—(1) Unless otherwise authorised by the appropriate air traYc control unit, an aircraftregistered in the United Kingdom shall not fly in reduced vertical separation minimum airspacenotified for the purpose of this article, unless it is equipped with height keeping systems whichenable the aircraft to maintain the prescribed height keeping performance capability.






Height keeping performance—aircraft registered elsewhere than in the United Kingdom

58. Unless otherwise authorised by the appropriate air traYc control unit an aircraftregistered elsewhere than in the United Kingdom shall not fly in United Kingdom reducedvertical separation minimum airspace unless—

(a) it is so equipped with height keeping systems as to comply with the law of the countryin which the aircraft is registered in so far as that law requires it to be so equippedwhen flying in any specified areas; and

(b) the said equipment is capable of being operated so as to enable the aircraft to maintainthe height keeping performance prescribed in respect of the airspace in which theaircraft is flying, and it is so operated.

Area navigation and required navigation performance capabilities—aircraft registered in theUnited Kingdom

59.—(1) Subject to paragraph (3) an aircraft registered in the United Kingdom shall not flyin designated required navigation performance airspace unless it is equipped with areanavigation equipment which enables the aircraft to maintain the navigation performancecapability specified in respect of that airspace.






(3) An aircraft need not comply with the requirements of paragraph (1) and (2) where theflight has been authorised by the appropriate air traYc control unit notwithstanding the lackof compliance and provided that the aircraft complies with any instructions the air traYccontrol unit may give in the particular case.

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Area navigation and required navigation performance capabilities—aircraft registeredelsewhere than in the United Kingdom

60.—(1) An aircraft registered elsewhere than in the United Kingdom shall not fly indesignated required navigation performance airspace in the United Kingdom unless it isequipped with area navigation equipment so as to comply with the law of the country in whichthe aircraft is registered in so far as that law requires it to be so equipped when flying withindesignated required navigation performance airspace.

(2) Subject to paragraph (3), the said navigation equipment shall be capable of beingoperated so as to enable the aircraft to maintain the navigation performance capability notifiedin respect of the airspace in which the aircraft is flying, and shall be so operated.

(3) An aircraft need not comply with the requirements of paragraph (2) where the flight hasbeen authorised by the appropriate United Kingdom air traYc control unit notwithstandingthe lack of compliance and provided that the aircraft complies with any instructions the airtraYc control unit may give in the particular case.

Use of airborne collision avoidance system

61. On any flight on which an airborne collision avoidance system is required by article 20and Schedule 5 to be carried in an aeroplane, the system shall be operated—

(a) in the case of an aircraft to which article 38 applies, in accordance with procedurescontained in the operations manual for the aircraft;

(b) in the case of an aircraft registered in the United Kingdom to which article 38 doesnot apply, in accordance with procedures which are suitable having regard to thepurposes of the equipment; or

(c) in the case of an aircraft which is registered elsewhere than in the United Kingdom,in accordance with any procedures with which it is required to comply under the lawof the country in which the aircraft is registered.

Use of flight recording systems and preservation of records

62.—(1) On any flight on which a flight data recorder, a cockpit voice recorder or acombined cockpit voice recorder/flight data recorder is required by paragraph 5(4), (5), (6) or(7) of Schedule 4 to be carried in an aeroplane, it shall always be in use from the beginning ofthe take-oV run to the end of the landing run.

(2) The operator of the aeroplane shall at all times, subject to article 91, preserve—

(a) the last 25 hours of recording made by any flight data recorder required by or underthis Order to be carried in an aeroplane; and

(b) a record of not less than one representative flight, that is to say, a recording of a flightmade within the last 12 months which includes a take-oV, climb, cruise, descent,approach to landing and landing, together with a means of identifying the record withthe flight to which it relates;

and shall preserve such records for such period as the CAA may in a particular case direct.

(3) On any flight on which a cockpit voice recorder, a flight data recorder or a combinedcockpit voice recorder/flight data recorder is required by paragraph 5(16) of Schedule 4 to becarried in a helicopter, it shall always be in use from the time the rotors first turn for the purposeof taking oV until the rotors are next stopped.

(4) The operator of the helicopter shall at all times, subject to article 91, preserve—

(a) the last 8 hours of recording made by any flight data recorder specified in paragraph(1) or (2) of Scale SS of paragraph 6 of Schedule 4 and required by or under this Orderto be carried in the helicopter;

(b) in the case of a combined cockpit voice recorder/flight data recorder specified inparagraph (3) of the said Scale SS and required by or under this Order to be carriedin a helicopter either—

(i) the last 8 hours of recording; or

(ii) the last 5 hours of recording or the duration of the last flight, whichever is thegreater, together with an additional period of recording for either—

(aa) the period immediately preceding the last five hours of recording or theduration of the last flight, whichever is the greater; or

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(bb) such period or periods as the CAA may permit in any particular case or classof cases or generally.

(5) The additional recording retained under sub-paragraphs (b)(ii)(aa) and (bb) ofparagraph (4) shall, together with the recording required to be retained under sub-paragraph(b)(ii) of paragraph (4), total a period of 8 hours and shall be retained in accordance witharrangements approved by the CAA.

Towing of gliders

63.—(1) An aircraft in flight shall not tow a glider unless the flight manual for the towingaircraft includes an express provision that it may be used for that purpose.

(2) The length of the combination of towing aircraft, tow rope and glider in flight shall notexceed 150 metres.

(3) The commander of an aircraft which is about to tow a glider shall satisfy himself, beforethe towing aircraft takes oV—

(a) that the tow rope is in good condition and is of adequate strength for the purpose, andthat the combination of towing aircraft and glider, having regard to its performancein the conditions to be expected on the intended flight and to any obstructions at theplace of departure and on the intended route, is capable of safely taking oV, reachingand maintaining a safe height at which to separate the combination and thatthereafter the towing aircraft can make a safe landing at the place of intendeddestination;

(b) that signals have been agreed and communication established with persons suitablystationed so as to enable the glider to take oV safely; and

(c) that emergency signals have been agreed between the commander of the towingaircraft and the commander of the glider, to be used, respectively, by the commanderof the towing aircraft to indicate that the tow should immediately be released by theglider, and by the commander of the glider to indicate that the tow cannot be released.

(4) The glider shall be attached to the towing aircraft by means of the tow rope before theaircraft takes oV.

Operation of self-sustaining gliders

64. A self-sustaining glider shall not take oV under its own power.

Towing, picking up and raising of persons and articles

65.—(1) Subject to the provisions of this article, an aircraft in flight shall not, by meansexternal to the aircraft, tow any article, other than a glider, or pick up or raise any person,animal or article, unless there is a certificate of airworthiness issued or rendered valid in respectof that aircraft under the law of the country in which the aircraft is registered and that certificateor the flight manual for the aircraft includes an express provision that it may be used for thatpurpose.

(2) An aircraft shall not launch or pick up tow ropes, banners or similar articles other thanat an aerodrome.

(3) An aircraft in flight shall not tow any article, other than a glider, at night or when flightvisibility is less than one nautical mile.

(4) The length of the combination of towing aircraft, tow rope, and article in tow, shall notexceed 150 metres.

(5) A helicopter shall not fly at any height over a congested area of a city, town or settlementat any time when any article, person or animal is suspended from the helicopter.

(6) A passenger shall not be carried in a helicopter at any time when an article, person oranimal is suspended therefrom, other than a passenger who has duties to perform in connectionwith the article, person or animal or a passenger who has been picked up or raised by meansexternal to the helicopter or a passenger who it is intended shall be lowered to the surface bysuch means.

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(7) Nothing in this article shall—

(a) prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial,any instrument which is being used for experimental purposes, or any signal,apparatus or article required or permitted by or under this Order to be towed ordisplayed by an aircraft in flight;

(b) prohibit the picking up or raising of any person, animal or article in an emergency orfor the purpose of saving life;

(c) apply to any aircraft while it is flying in accordance with the B Conditions; or

(d) be taken to permit the towing or picking up of a glider otherwise than in accordancewith article 63.

Dropping of articles and animals

66.—(1) Articles and animals (whether or not attached to a parachute) shall not be dropped,or permitted to drop, from an aircraft in flight so as to endanger persons or property.

(2) Subject to paragraph (3), except under and in accordance with the terms of an aerialapplication certificate granted under article 68, articles and animals (whether or not attachedto a parachute) shall not be dropped, or permitted to drop, to the surface from an aircraft flyingover the United Kingdom.

(3) Paragraph (2) shall not apply to the dropping of articles by, or with the authority of, thecommander of the aircraft in any of the following circumstances—

(a) the dropping of articles for the purpose of saving life;

(b) the jettisoning, in case of emergency, of fuel or other articles in the aircraft;

(c) the dropping of ballast in the form of fine sand or water;

(d) the dropping of articles solely for the purpose of navigating the aircraft in accordancewith ordinary practice or with the provisions of this Order;

(e) the dropping at an aerodrome of tow ropes, banners, or similar articles towed byaircraft;

(f) the dropping of articles for the purposes of public health or as a measure againstweather conditions, surface icing or oil pollution, or for training for the dropping ofarticles for any such purposes, if the articles are dropped with the permission of theCAA; or

(g) the dropping of wind drift indicators for the purpose of enabling parachute descentsto be made if the wind drift indicators are dropped with the permission of the CAA.

(4) For the purposes of this article “dropping” includes projecting and lowering.

(5) Nothing in this article shall prohibit the lowering of any article or animal from ahelicopter to the surface, if there is a certificate of airworthiness issued or rendered valid inrespect of the helicopter under the law of the country in which it is registered and that certificateor the flight manual for the helicopter includes an express provision that it may be used for thatpurpose.

Dropping of persons and grant of parachuting permissions

67.—(1) A person shall not drop, be dropped or be permitted to drop to the surface or jumpfrom an aircraft flying over the United Kingdom except under and in accordance with the termsof either a police air operator’s certificate or a parachuting permission granted by the CAAunder this article.

(2) For the purposes of this article “dropping” includes projecting and lowering.

(3) Notwithstanding the grant of a police air operator’s certificate or a parachutingpermission, a person shall not drop, be dropped or be permitted to drop from an aircraft inflight so as to endanger persons or property.

(4) An aircraft shall not be used for the purpose of dropping persons unless—

(a) there is a certificate of airworthiness issued or rendered valid in respect of that aircraftunder the law of the country in which the aircraft is registered and that certificate orthe flight manual for the aircraft includes an express provision that it may be used forthat purpose and the aircraft is operated in accordance with a written permissiongranted by the CAA under this article; or

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(b) the aircraft is operated under and in accordance with the terms of a police airoperator’s certificate.

(5) Every applicant for and every holder of a parachuting permission shall make availableto the CAA if requested to do so a parachuting manual and shall make such amendments oradditions to such manual as the CAA may require.

(6) The holder of a parachuting permission shall make the manual available to everyemployee or person who is or may engage in parachuting activities conducted by him.

(7) The manual shall contain all such information and instructions as may be necessary toenable such employees or persons to perform their duties.

(8) Nothing in this article shall apply to the descent of persons by parachute from an aircraftin an emergency.

(9) Nothing in this article shall prohibit the lowering of any person in an emergency or forthe purpose of saving life.

(10) Nothing in this article shall prohibit the lowering of any person from a helicopter to thesurface if there is a certificate of airworthiness issued or rendered valid in respect of thehelicopter under the law of the country in which it is registered and that certificate or the flightmanual for the helicopter includes an express provision that it may be used for that purpose.

Grant of aerial application certificates

68.—(1) An aircraft shall not be used for the dropping of articles for the purposes ofagriculture, horticulture or forestry or for training for the dropping of articles for any of suchpurposes, otherwise than under and in accordance with the terms of an aerial applicationcertificate granted to the operator of the aircraft under paragraph (2).

(2) The CAA—

(a) shall grant an aerial application certificate if it is satisfied that the applicant is a fitperson to hold the certificate and is competent, having regard in particular to hisprevious conduct and experience, his equipment, organisation, staYng and otherarrangements, to secure the safe operation of the aircraft specified in the certificate onflights for the purposes specified in paragraph (1);

(b) may grant such a certificate subject to such conditions as it thinks fit including,without prejudice to the generality of the foregoing, conditions for ensuring that theaircraft and any article dropped from it do not endanger persons or property in theaircraft or elsewhere.

(3) Every applicant for and holder of an aerial application certificate shall make available tothe CAA upon application and to every member of his operating staV upon the certificate beinggranted, an aerial application manual.

(4) The manual shall contain all such information and instructions as may be necessary toenable the operating staV to perform their duties as such.

(5) The holder of an aerial application certificate shall make such amendments or additionsto the manual as the CAA may require.

Carriage of weapons and of munitions of war

69.—(1) Subject to paragraph (6), an aircraft shall not carry any munition of war unless—

(a) such munition of war is carried with the permission of the CAA; and

(b) subject to paragraph (2), the commander of the aircraft is informed in writing by theoperator before the flight commences of the type, weight or quantity and location ofany such munition of war on board or suspended beneath the aircraft and anyconditions of the permission of the CAA.

(2) In the case of an aircraft which is flying under and in accordance with the terms of a policeair operator’s certificate the commander of the aircraft shall be informed of the matters referredto in sub-paragraph (1)(b) but he need not be so informed in writing.

(3) Subject to paragraph (5), it shall be unlawful for an aircraft to carry any sporting weaponor munition of war in any compartment or apparatus to which passengers have access.

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(4) Subject to paragraph (5), it shall be unlawful for a person to carry or have in hispossession or take or cause to be taken on board an aircraft, to suspend or cause to besuspended beneath an aircraft or to deliver or cause to be delivered for carriage thereon anysporting weapon or munition of war unless—

(a) the sporting weapon or munition of war—

(i) is either part of the baggage of a passenger on the aircraft or consigned as cargoto be carried thereby;

(ii) is carried in a part of the aircraft, or in any apparatus attached to the aircraftinaccessible to passengers; and

(iii) in the case of a firearm, is unloaded;

(b) particulars of the sporting weapon or munition of war have been furnished by thatpassenger or by the consignor to the operator before the flight commences; and

(c) without prejudice to paragraph (1), the operator consents to the carriage of suchsporting weapon or munition of war by the aircraft.

(5) Paragraphs (3) and (4) shall not apply to or in relation to an aircraft which is flying underand in accordance with the terms of a police air operator’s certificate.

(6) Nothing in this article shall apply to any sporting weapon or munition of war taken orcarried on board an aircraft registered in a country other than the United Kingdom if thesporting weapon or munition of war, as the case may be, may under the law of the country inwhich the aircraft is registered be lawfully taken or carried on board for the purpose of ensuringthe safety of the aircraft or of persons on board.


(a) “munition of war” means—

(i) any weapon or ammunition;

(ii) any article containing an explosive, noxious liquid or gas; or

(iii) any other thing which is designed or made for use in warfare or against persons,including parts, whether components or accessories, for such weapon,ammunition or article;

(b) “sporting weapon” means—

(i) any weapon or ammunition;

(ii) any article containing an explosive, noxious liquid or gas; or

(iii) any other thing, including parts, whether components or accessories, for suchweapon, ammunition or article;

which is not a munition of war.

Carriage of dangerous goods

70.—(1) Without prejudice to any other provisions of this Order, the Secretary of State maymake regulations prescribing—

(a) the classification of certain articles and substances as dangerous goods;

(b) the categories of dangerous goods which an aircraft may not carry;

(c) the conditions which apply to the loading on, suspension beneath and carriage by anaircraft of dangerous goods;

(d) the manner in which dangerous goods must be packed, marked, labelled andconsigned before being loaded on, suspended beneath or carried by an aircraft;

(e) any other provisions for securing the safety of aircraft and any apparatus attachedthereto, and the safety of persons and property on the surface in relation to theloading on, suspension beneath or carriage by an aircraft of dangerous goods;

(f) the persons to whom information about the carriage of dangerous goods must beprovided;

(g) the documents which must be produced to the CAA or an authorised person onrequest; and

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(h) the powers to be conferred on an authorised person relating to the enforcement of theregulations made hereunder.

(2) It shall be an oVence to contravene or permit the contravention of or fail to comply withany regulations made hereunder.

(3) The provisions of this article and of any regulations made thereunder shall be additionalto and not in derogation from article 69.

Method of carriage of persons

71.—(1) A person shall not—

(a) subject to paragraphs (2) and (3), be in or on any part of an aircraft in flight which isnot a part designed for the accommodation of persons and in particular a person shallnot be on the wings or undercarriage of an aircraft;

(b) be in or on any object, other than a glider or flying machine, towed by or attached toan aircraft in flight.

(2) A person may have temporary access to—

(a) any part of an aircraft for the purpose of taking action necessary for the safety of theaircraft or of any person, animal or goods therein; and

(b) any part of an aircraft in which cargo or stores are carried, being a part which isdesigned to enable a person to have access thereto while the aircraft is in flight.

(3) This article shall not apply to a passenger in a helicopter flying under and in accordancewith a police air operator’s certificate who is disembarking in accordance with a procedurecontained in the police operations manual for the helicopter.

Exits and break-in markings

72.—(1) This article shall apply to every public transport aeroplane or helicopter registeredin the United Kingdom.

(2) Whenever an aeroplane or helicopter to which this article applies is carrying passengers,every exit therefrom and every internal door in the aeroplane or helicopter shall be in workingorder, and, subject to paragraph (3), during take-oV and landing and during any emergency,every such exit and door shall be kept free of obstruction and shall not be fastened by lockingor otherwise so as to prevent, hinder or delay its use by passengers.


(a) an exit which, in accordance with arrangements approved by the CAA eithergenerally or in relation to a class of aeroplane or helicopter or a particular aeroplaneor helicopter, is not required for use by passengers, the exit may be obstructed bycargo;

(b) a door between the flight crew compartment and any adjacent compartment to whichpassengers have access, the door may be locked or bolted if the commander of theaeroplane or helicopter so determines, for the purpose of preventing access bypassengers to the flight crew compartment;

(c) any internal door which is so placed that it cannot prevent, hinder or delay the exit ofpassengers from the aeroplane or helicopter in an emergency if it is not in workingorder, paragraph (2) shall not apply.

(4) Every exit from the aeroplane or helicopter shall be marked with the words “Exit” or“Emergency Exit” in capital letters, which shall be red in colour and if necessary shall beoutlined in white to contrast with the background.

(5) Every exit from the aeroplane or helicopter shall be marked with instructions in Englishand with diagrams to indicate the correct method of opening the exit, which shall be red incolour and located on a background which provides adequate contrast.

(6) The markings required by paragraph (5) shall be placed on or near the inside surface ofthe door or other closure of the exit and, if it is openable from the outside of the aeroplane orhelicopter, on or near the exterior surface.

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(7) An operator of an aeroplane or helicopter shall ensure that if areas of the fuselagesuitable for break-in by rescue crews in emergency are marked on aeroplanes and helicopters,such areas shall be marked upon the exterior surface of the fuselage with markings to show theareas which can, for purposes of rescue in an emergency, be most readily and eVectively brokeninto by persons outside the aeroplane or helicopter.

(8) The markings required by paragraph (7) shall—

(a) be red or yellow, and if necessary shall be outlined in white to contrast with thebackground;

(b) if the corner markings are more than 2 metres apart, have intermediate lines 9centimetres x 3 centimetres inserted so that there is no more than 2 metres betweenadjacent marks.

(9) The markings required by this article shall—

(a) be painted, or aYxed by other equally permanent means; and

(b) be kept at all times clean and unobscured.

(10) Subject to compliance with paragraph (11), if one, but not more than one, exit from anaeroplane or helicopter becomes inoperative at a place where it is not reasonably practicablefor it to be repaired or replaced, nothing in this article shall prevent that aeroplane or helicopterfrom carrying passengers until it next lands at a place where the exit can be repaired or replaced.

(11) On any flight on which this paragraph must be complied with—

(a) the number of passengers carried and the position of the seats which they occupy shallbe in accordance with arrangements approved by the CAA either in relation to theparticular aeroplane or helicopter or to a class of aeroplane or helicopter; and

(b) in accordance with arrangements so approved, the exit shall be fastened by lockingor otherwise, the words “Exit” or “Emergency Exit” shall be covered, and the exitshall be marked by a red disc at least 23 centimetres in diameter with a horizontalwhite bar across it bearing the words “No Exit” in red letters.

Endangering safety of an aircraft

73. A person shall not recklessly or negligently act in a manner likely to endanger anaircraft, or any person therein.

Endangering safety of any person or property

74. A person shall not recklessly or negligently cause or permit an aircraft to endanger anyperson or property.

Drunkenness in aircraft

75.—(1) A person shall not enter any aircraft when drunk, or be drunk in any aircraft.

(2) A person shall not, when acting as a member of the crew of any aircraft or being carriedin any aircraft for the purpose of so acting, be under the influence of drink or a drug to suchan extent as to impair his capacity so to act.

Smoking in aircraft

76.—(1) Notices indicating when smoking is prohibited shall be exhibited in every aircraftregistered in the United Kingdom so as to be visible from each passenger seat therein.

(2) A person shall not smoke in any compartment of an aircraft registered in the UnitedKingdom at a time when smoking is prohibited in that compartment by a notice to that eVectexhibited by or on behalf of the commander of the aircraft.

Authority of commander of an aircraft

77. Every person in an aircraft shall obey all lawful commands which the commander ofthat aircraft may give for the purpose of securing the safety of the aircraft and of persons orproperty carried therein, or the safety, eYciency or regularity of air navigation.

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Acting in a disruptive manner

78. No person shall while in an aircraft—

(a) use any threatening, abusive or insulting words towards a member of the crew ofthe aircraft;

(b) behave in a threatening, abusive, insulting or disorderly manner towards a memberof the crew of the aircraft; or

(c) intentionally interfere with the performance by a member of the crew of the aircraftof his duties.

Stowaways

79. A person shall not secrete himself for the purpose of being carried in an aircraft withoutthe consent of either the operator or the commander or of any other person entitled to giveconsent to his being carried in the aircraft.

Flying displays

80.—(1) No person shall act as the organiser of a flying display (in this article referred to as“the flying display director”) unless he has obtained the permission of the CAA underparagraph (5) for that flying display.

(2) The commander of an aircraft who is—

(a) intending to participate in a flying display shall take all reasonable steps to satisfyhimself before he participates that—

(i) the flying display director has been granted an appropriate permission underparagraph (5);

(ii) the flight can comply with any relevant conditions subject to which thatpermission may have been granted; and

(iii) the pilot has been granted an appropriate pilot display authorisation; or

(b) participating in a flying display for which a permission has been granted shall complywith any conditions subject to which that permission may have been granted.

(3) No person shall act as pilot of an aircraft participating in a flying display unless he holdsan appropriate pilot display authorisation and he complies with any conditions subject towhich the authorisation may have been given.

(4) The flying display director shall not permit any person to act as pilot of an aircraft whichparticipates in a flying display unless such person holds an appropriate pilot displayauthorisation.

(5) The CAA—

(a) shall grant a permission required by virtue of paragraph (1) if it is satisfied that theapplicant is a fit and competent person, having regard in particular to his previousconduct and experience, his organisation, staYng and other arrangements, to safelyorganise the proposed flying display;

(b) may grant such a permission subject to such conditions, which may include conditionsin respect of military aircraft, as the CAA thinks fit.

(6) The CAA shall, for the purposes of this article—

(a) grant a pilot display authorisation authorising the holder to act as pilot of an aircrafttaking part in a flying display upon it being satisfied that the applicant is a fit personto hold the authorisation and is qualified by reason of his knowledge, experience,competence, skill, physical and mental fitness to fly in accordance therewith and forthat purpose the applicant shall furnish such evidence and undergo such examinationsand tests as the CAA may require; and

(b) authorise a person to conduct such examinations or tests as it may specify.

(7) A pilot display authorisation granted in accordance with this article shall, subject toarticle 92, remain in force for the period indicated in the pilot display authorisation.

(8) Subject to paragraph (9), for the purposes of this article, an appropriate pilot displayauthorisation shall mean an authorisation which is valid and appropriate to the intended flightand which has been either—

(a) granted by the CAA under paragraph (6)(a); or

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(b) granted by the competent authority of a JAA Full Member State.

(9) A pilot display authorisation granted by the competent authority of a JAA Full MemberState shall not be an appropriate pilot display authorisation for the purposes of this article ifthe CAA has given a direction to that eVect.

(10) A direction may be issued under paragraph (9) either in respect of a particularauthorisation, a specified category of authorisations or generally.

(11) Paragraph (1) shall not apply to either—

(a) a flying display which takes place at an aerodrome in the occupation of the Ministryof Defence or of any visiting force or any other premises in the occupation or underthe control of the Ministry of Defence; or

(b) a flying display at which the only participating aircraft are military aircraft.

(12) The flying display director shall not permit any military aircraft to participate in a flyingdisplay unless he complies with any conditions specified in respect of military aircraft subjectto which permission for the flying display may have been granted.

(13) Nothing in this article shall apply to an aircraft race or contest or to an aircraft takingpart in such a race or contest or to the commander or pilot whether or not such race or contestis held in association with a flying display.

PART 6

Fatigue of Crew and Protection of Crew from Cosmic Radiation

Application and interpretation of Part 6

81.—(1) Subject to paragraph (2), articles 82 and 83 shall apply to any aircraft registered inthe United Kingdom which is either—

(a) engaged on a flight for the purpose of public transport; or

(b) operated by an air transport undertaking.

(2) Articles 82 and 83 shall not apply in relation to a flight made only for the purpose ofinstruction in flying given by or on behalf of a flying club or flying school, or a person who isnot an air transport undertaking.

(3) For the purposes of this Part—

(a) “flight time”, in relation to any person, means all time spent by that person in—

(i) a civil aircraft whether or not registered in the United Kingdom (other than suchan aircraft of which the maximum total weight authorised does not exceed1,600 kg and which is not flying for the purpose of public transport or aerialwork); or

(ii) a military aircraft (other than such an aircraft of which the maximum totalweight authorised does not exceed 1,600 kg and which is flying on a military airexperience flight);

while it is in flight and he is carried as a member of the crew;

(b) “day” means a continuous period of 24 hours beginning at midnight Co-ordinatedUniversal Time;

(c) a helicopter shall be deemed to be in flight from the moment the helicopter first movesunder its own power for the purpose of taking oV until the rotors are next stopped;and

(d) a military air experience flight is a flight by a military aircraft operated under theauspices of the Royal Air Force Air Cadet Organisation for the purpose of providingair experience to its cadets.

Fatigue of crew—operator’s responsibilities

82.—(1) The operator of an aircraft to which this article applies shall not cause or permitthat aircraft to make a flight unless—

(a) he has established a scheme for the regulation of flight times for every person flyingin that aircraft as a member of its crew;

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(b) the scheme is approved by the CAA;

(c) either—

(i) the scheme is incorporated in the operations manual required by article 38; or

(ii) in any case where an operations manual is not required by that article, the schemeis incorporated in a document, a copy of which has been made available to everyperson flying in that aircraft as a member of its crew; and

(d) he has taken all such steps as are reasonably practicable to ensure that the provisionsof the scheme will be complied with in relation to every person flying in that aircraftas a member of its crew.

(2) The operator of an aircraft to which this article applies shall not cause or permit anyperson to fly therein as a member of its crew if he knows or has reason to believe that the personis suVering from, or, having regard to the circumstances of the flight to be undertaken, is likelyto suVer from, such fatigue while he is so flying as may endanger the safety of the aircraft or ofits occupants.

(3) The operator of an aircraft to which this article applies shall not cause or permit anyperson to fly therein as a member of its flight crew unless the operator has in his possession anaccurate and up-to-date record in respect of that person and in respect of the 28 daysimmediately preceding the flight showing—

(a) all his flight times; and

(b) brief particulars of the nature of the functions performed by him in the course of hisflight times.

(4) The record referred to in paragraph (3) shall, subject to article 91, be preserved by theoperator of the aircraft until a date 12 months after the flight referred to in that paragraph.

Fatigue of crew—responsibilities of crew

83.—(1) A person shall not act as a member of the crew of an aircraft to which this articleapplies if he knows or suspects that he is suVering from, or, having regard to the circumstancesof the flight to be undertaken, is likely to suVer from, such fatigue as may endanger the safetyof the aircraft or of its occupants.

(2) A person shall not act as a member of the flight crew of an aircraft to which this articleapplies unless he has ensured that the operator of the aircraft is aware of his flight times duringthe period of 28 days preceding the flight.

Flight times—responsibilities of flight crew

84.—(1) Subject to paragraph (2), a person shall not act as a member of the flight crew ofan aircraft registered in the United Kingdom if at the beginning of the flight the aggregate ofall his previous flight times—

(a) during the period of 28 consecutive days expiring at the end of the day on which theflight begins exceeds 100 hours; or

(b) during the period of twelve months expiring at the end of the previous month exceeds900 hours.

(2) This article shall not apply to a flight which is—

(a) a private flight in an aircraft of which the maximum total weight does not exceed1,600 kg; or

(b) a flight which is not for the purpose of public transport and is not operated by an airtransport undertaking where, at the time when the flight begins, the aggregate of allthe flight times of the member of the flight crew concerned since he was last medicallyexamined and found fit by a person approved by the CAA for the purpose of article32(2) does not exceed 25 hours.

Protection of air crew from cosmic radiation

85.—(1) A relevant undertaking shall take appropriate measures to—

(a) assess the exposure to cosmic radiation when in flight of those air crew who are liableto be subject to cosmic radiation in excess of 1 milliSievert per year;

(b) take into account the assessed exposure when organising work schedules with a viewto reducing the doses of highly exposed air crew; and

54

(c) inform the workers concerned of the health risks their work involves.

(2) A relevant undertaking shall ensure that in relation to a pregnant air crew member, theconditions of exposure to cosmic radiation when she is in flight are such that the equivalent doseto the foetus will be as low as reasonably achievable and is unlikely to exceed 1 milliSievertduring the remainder of the pregnancy.

(3) Nothing in paragraph (2) shall require the undertaking concerned to take any action inrelation to an air crew member until she has notified the undertaking in writing that she ispregnant.

(4) The definition in article 155 of “crew” shall not apply for the purposes of this article.

(5) In this article and in article 87—

(a) “air crew” has the same meaning as in article 42 of Council Directive 96/29/ Euratomof 13th May 1996(a); and

(b) “undertaking” includes a natural or legal person and “relevant undertaking” meansan undertaking established in the United Kingdom which operates aircraft.


(a) “highly exposed air crew” and “milliSievert” have the same respective meanings as inarticle 42 of Council Directive 96/29/Euratom of 13th May 1996; and

(b) “year” means any period of twelve months.

PART 7

Documents and Records

Documents to be carried

86.—(1) An aircraft shall not fly unless it carries the documents which it is required to carryunder the law of the country in which it is registered.

(2) Subject to paragraph (3), an aircraft registered in the United Kingdom shall, when inflight, carry documents in accordance with Schedule 10.

(3) If the flight is intended to begin and end at the same aerodrome and does not includepassage over the territory of any country other than the United Kingdom, the documents maybe kept at that aerodrome instead of being carried in the aircraft.

Keeping and production of records of exposure to cosmic radiation

87.—(1) A relevant undertaking shall keep a record for the period and in the mannerprescribed of the exposure to cosmic radiation of air crew assessed under article 85 and thenames of the air crew concerned.

(2) A relevant undertaking shall, within a reasonable period after being requested to do soby an authorised person, cause to be produced to that person the record required to be keptunder paragraph (1).

(3) A relevant undertaking shall, within a reasonable period after being requested to do soby a person in respect of whom a record is required to be kept under paragraph (1), supply acopy of that record to that person.

Production of documents and records

88.—(1) The commander of an aircraft shall, within a reasonable time after being requestedto do so by an authorised person, cause to be produced to that person—

(a) the certificates of registration and airworthiness in force in respect of the aircraft;

(b) the licences of its flight crew; and

(c) such other documents as the aircraft is required by article 86 to carry when in flight.

a)( O.J. No. L159, 29.6.96, p. 1—Council Directive 96/29/EURATOM of 13th May 1996 laying down basic safetystandards for the protection of the health of workers and the general public against the dangers arising from ionisingradiation.

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(2) The operator of an aircraft registered in the United Kingdom shall, within a reasonabletime after being requested to do so by an authorised person, cause to be produced to that personsuch of the following documents or records as have been requested by that person beingdocuments or records which are required, by or under this Order, to be in force or to be carried,preserved or made available—

(a) the documents referred to in Schedule 10 as Documents A, B and G;

(b) the aircraft log book, engine log books and variable pitch propeller log booksrequired under this Order to be kept;

(c) the weight schedule, if any, required to be preserved under article 23(3);

(d) in the case of a public transport aircraft or aerial work aircraft, the documentsreferred to in Schedule 10 as Documents D, E, F and H;

(e) any records of flight times, duty periods and rest periods which he is required byarticle 82(4) to preserve, and such other documents and information in the possessionor control of the operator, as the authorised person may require for the purpose ofdetermining whether those records are complete and accurate;

(f) any such operations manuals as are required to be made available under article38(2)(a);

(g) the record made by any flight data recorder required to be carried by or under thisOrder.

(3) The holder of a licence granted or rendered valid under this Order or of a medicalcertificate required under article 26(2)(b)(ii) shall, within a reasonable time after beingrequested to do so by an authorised person, cause to be produced to that person his licence,including any certificate of validation.

(4) Every person required by article 35 to keep a personal flying log book shall cause it to beproduced within a reasonable time to an authorised person after being requested to do so byhim within a period of 2 years beginning with the date of the last entry.

Production of air traYc service equipment documents and records

89. The holder of an approval under article 124 or 125 shall within a reasonable time afterbeing requested to do so by an authorised person, cause to be produced to that person anydocuments and records relating to any air traYc service equipment used or intended to be usedin connection with the provision of a service to an aircraft.

Power to inspect and copy documents and records

90. An authorised person shall have the power to inspect and copy any certificate, licence,log book, document or record which he has the power under this Order or any regulations madethereunder to require to be produced to him.

Preservation of documents, etc.

91.—(1) Subject to paragraphs (2), (3), (4) and (5), a person required by this Order topreserve any document or record by reason of his being the operator of an aircraft shall, if heceases to be the operator of the aircraft, continue to preserve the document or record as if he hadnot ceased to be the operator, and in the event of his death the duty to preserve the document orrecord shall fall upon his personal representative.

(2) If another person becomes the operator of the aircraft, the first-mentioned operator orhis personal representative shall deliver to that person upon demand the certificates ofmaintenance review and release to service, the log books and the weight schedule and anyrecord made by a flight data recorder and preserved in accordance with article 62(2) and (4)which are in force or required to be preserved in respect of that aircraft.

(3) If an engine or variable pitch propeller is removed from the aircraft and installed inanother aircraft operated by another person the first-mentioned operator or his personalrepresentative shall deliver to that person upon demand the log book relating to that engine orpropeller.

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(4) If any person in respect of whom a record has been kept by the first-mentioned operatorin accordance with article 82(4) becomes a member of the flight crew of a public transportaircraft registered in the United Kingdom and operated by another person the first-mentionedoperator or his personal representative shall deliver those records to that other person upondemand.

(5) It shall be the duty of the other person referred to in paragraphs (2), (3) and (4) to dealwith the document or record delivered to him as if he were the first-mentioned operator.

Revocation, suspension and variation of certificates, licences and other documents

92.—(1) Subject to paragraphs (5) and (6), the CAA may, if it thinks fit, provisionallysuspend or vary any certificate, licence, approval, permission, exemption, authorisation orother document issued, granted or having eVect under this Order, pending inquiry into orconsideration of the case.

(2) The CAA may, on suYcient ground being shown to its satisfaction after due inquiry,revoke, suspend or vary any such certificate, licence, approval, permission, exemption,authorisation or other document.

(3) The holder or any person having the possession or custody of any certificate, licence,approval, permission, exemption or other document which has been revoked, suspended orvaried under this Order shall surrender it to the CAA within a reasonable time after beingrequired to do so by the CAA.

(4) The breach of any condition subject to which any certificate, licence, approval,permission, exemption or other document, other than a licence issued in respect of anaerodrome, has been granted or issued or which has eVect under this Order shall, in the absenceof provision to the contrary in the document, render the document invalid during thecontinuance of the breach.

(5) The provisions of article 93 shall have eVect, in place of the provisions of this article, inrelation to permits to which that article applies.

(6) Notwithstanding paragraph (1), a flight manual, performance schedule or otherdocument incorporated by reference in a certificate of airworthiness may be varied on suYcientground being shown to the satisfaction of the CAA, whether or not after due inquiry.

Revocation, suspension and variation of permissions, etc. granted under article 138 orarticle 140

93.—(1) Subject to the provisions of this article, the Secretary of State may revoke, suspendor vary any permit to which this article applies.

(2) Save as provided by paragraph (3), the Secretary of State may exercise his powers underparagraph (1) only after notifying the permit-holder of his intention to do so and after dueconsideration of the case.

(3) If, by reason of the urgency of the matter, it appears to the Secretary of State to benecessary for him to do so, he may provisionally suspend or vary a permit to which this articleapplies without complying with the requirements of paragraph (2); but he shall in any such casecomply with those requirements as soon thereafter as is reasonably practicable and shall then,in the light of his due consideration of the case, either—

(a) revoke the provisional suspension or variation of the permit; or

(b) substitute therefor a definitive revocation, suspension or variation, which, if adefinitive suspension, may be for the same or a diVerent period as the provisionalsuspension (if any) or, if a definitive variation, may be in the same or diVerent termsas the provisional variation (if any).

(4) The powers vested in the Secretary of State by paragraph (1) or paragraph (3) may beexercised by him whenever, in his judgement and whether or not by reason of anything doneor omitted to be done by the permit-holder or otherwise connected with the permit-holder, itis necessary or expedient that the permit-holder should not enjoy, or should no longer enjoy, therights conferred on him by a permit to which this article applies or should enjoy them subject tosuch limitations or qualifications as the Secretary of State may determine.

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(5) In particular, and without prejudice to the generality of the foregoing, the Secretary ofState may exercise his said powers if it appears to him that—

(a) the person to whom the permit was granted has committed a breach of any conditionto which it is subject;

(b) any agreement between Her Majesty’s Government in the United Kingdom and theGovernment of any other country in pursuance of which or in reliance on which thepermit was granted is no longer in force or that that other Government has committeda breach thereof;

(c) the person to whom the permit was granted, or a Government of another countrywhich is a party to an agreement referred to in sub-paragraph (b), or the aeronauticalauthorities of the country concerned, have—

(i) acted in a manner which is inconsistent with or prejudicial to the operation ingood faith, and according to its object and purpose, of any such agreement asaforesaid; or

(ii) have engaged in unfair, discriminatory or restrictive practices to the prejudice ofthe holder of an Air Transport Licence granted under section 65 of the CivilAviation Act 1982 or the holder of a route licence granted under that section asapplied by section 69A of that Act in his operation of air services to or frompoints in the country concerned; and

(d) the person to whom the permit was granted, having been granted it as a persondesignated by the Government of a country other than the United Kingdom for thepurposes of an agreement referred to in sub-paragraph (b), is no longer so designatedor that that person has so conducted himself, or that such circumstances have arisenin relation to him, as to make it necessary or expedient to disregard or qualify theconsequences of his being so designated.

(6) The permit-holder or any person having the possession or custody of any permit whichhas been revoked, suspended or varied under this article shall surrender it to the Secretary ofState within a reasonable time of being required by him to do so.

(7) The breach of any condition subject to which any permit to which this article applies hasbeen granted shall render the permit invalid during the continuance of the breach.

(8) The permits to which this article applies are permissions granted by the Secretary of Stateunder article 138 or article 140 and any approvals or authorisations of, or consents to, anymatter which the Secretary of State has granted, or is deemed to have granted, in pursuance ofa permission which he has so granted.

(9) References in this article to the “permit-holder” are references to the person to whom anypermit to which this article applies has been granted or is deemed to have been granted.

OVences in relation to documents and records

94.—(1) A person shall not with intent to deceive—

(a) use any certificate, licence, approval, permission, exemption or other document issuedor required by or under this Order or by or under Part 21, 66, 145, 147 or M whichhas been forged, altered, revoked or suspended, or to which he is not entitled;

(b) lend any certificate, licence, approval, permission, exemption or any other documentissued or having eVect or required by or under this Order or by or under Part 21, 66,145, 147 or M to, or allow it to be used by, any other person; or

(c) make any false representation for the purpose of procuring for himself or any otherperson the grant, issue, renewal or variation of any such certificate, licence, approval,permission or exemption or other document;

and in this paragraph a reference to a certificate, licence, approval, permission, exemption orother document includes a copy or purported copy.

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(2) A person shall not intentionally damage, alter or render illegible any log book or otherrecord required by or under this Order or by or under Part 21, 66, 145, 147 or M to bemaintained or any entry made therein, or knowingly make, or procure or assist in the makingof, any false entry in or material omission from any such log book or record or destroy any suchlog book or record during the period for which it is required under this Order to be preserved.

(3) All entries made in writing in any log book or record referred to in paragraph (2) shallbe made in ink or indelible pencil.

(4) A person shall not knowingly make in a load sheet any entry which is incorrect in anymaterial particular, or any material omission from such a load sheet.

(5) A person shall not purport to issue any certificate for the purposes of this Order, of anyregulations made thereunder or of Part 21, 66, 145, 147 or M unless he is authorised to do sounder this Order or Part 21, 66, 145, 147 or M as the case may be.

(6) A person shall not issue any such certificate as aforesaid unless he has satisfied himselfthat all statements in the certificate are correct.

PART 8

Movement of Aircraft

Rules of the Air

95.—(1) Without prejudice to any other provision of this Order, the Secretary of State maymake regulations (in this article called the “Rules of the Air”) prescribing—

(a) the manner in which aircraft may move or fly including in particular provision forrequiring aircraft to give way to military aircraft;

(b) the lights and other signals to be shown or made by aircraft or persons;

(c) the lighting and marking of aerodromes; and

(d) any other provisions for securing the safety of aircraft in flight and in movement andthe safety of persons and property on the surface.

(2) Subject to paragraph (3), it shall be an oVence to contravene, to permit the contraventionof, or to fail to comply with, the Rules of the Air.

(3) It shall be lawful for the Rules of the Air to be departed from to the extent necessary—

(a) for avoiding immediate danger;

(b) for complying with the law of any country other than the United Kingdom withinwhich the aircraft then is; or

(c) for complying with Military Flying Regulations (Joint Service Publication 550) orFlying Orders to Contractors (Aviation Publication 67) issued by the Secretary ofState in relation to an aircraft of which the commander is acting as such in the courseof his duty as a member of any of Her Majesty’s naval, military or air forces.

(4) If any departure from the Rules of the Air is made for the purpose of avoiding immediatedanger, the commander of the aircraft shall cause written particulars of the departure, and ofthe circumstances giving rise to it, to be given within 10 days thereafter to the competentauthority of the country in whose territory the departure was made or if the departure was madeover the high seas, to the CAA.

(5) Nothing in the Rules of the Air shall exonerate any person from the consequences of anyneglect in the use of lights or signals or of the neglect of any precautions required by ordinaryaviation practice or by the special circumstances of the case.

Power to prohibit or restrict flying

96.—(1) Where the Secretary of State deems it necessary in the public interest to restrict orprohibit flying by reason of—

(a) the intended gathering or movement of a large number of persons;

(b) the intended holding of an aircraft race or contest or of a flying display; or

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(c) national defence or any other reason aVecting the public interest;

the Secretary of State may make regulations prohibiting, restricting or imposing conditions onflights by aircraft specified in paragraph (2) flying in the circumstances specified in paragraph(2).

(2) The aircraft and circumstances referred to in paragraph (1) are—

(a) aircraft, whether or not registered in the United Kingdom, in any airspace over theUnited Kingdom or in the neighbourhood of an oVshore installation; and

(b) aircraft registered in the United Kingdom, in any other airspace, being airspace inrespect of which Her Majesty’s Government in the United Kingdom has in pursuanceof international arrangements undertaken to provide navigation services for aircraft.

(3) Regulations made under this article may apply either generally or in relation to any classof aircraft.

(4) It shall be an oVence to contravene or permit the contravention of or fail to comply withany regulations made hereunder.

(5) If the commander of an aircraft becomes aware that the aircraft is flying in contraventionof any regulations which have been made for any of the reasons referred to in paragraph (1)(c)he shall, unless otherwise instructed under paragraph (6), cause the aircraft to leave the area towhich the regulations relate by flying to the least possible extent over such area and the aircraftshall not begin to descend while over such an area.

(6) The commander of an aircraft flying either within an area for which regulations havebeen made for any of the reasons referred to in paragraph (1)(c) or within airspace notified asa Danger Area shall forthwith comply with instructions given by radio by the appropriate airtraYc control unit or by, or on behalf of, the person responsible for safety within the relevantairspace.

Balloons, kites, airships, gliders and parascending parachutes

97.—(1) The provisions of this article shall apply only to or in relation to aircraft within theUnited Kingdom.

(2) A balloon in captive or tethered flight shall not be flown within 60 metres of any vessel,vehicle or structure except with the permission of the person in charge of any such vessel, vehicleor structure.

(3) Without the permission of the CAA—

(a) a glider or parascending parachute shall not be launched by winch and cable or byground tow to a height of more than 60 metres above ground level;

(b) a balloon in captive flight shall not be flown within the aerodrome traYc zone of anotified aerodrome during the notified operating hours of that aerodrome;

(c) a balloon in captive or tethered flight shall not be flown at a height measured to thetop of the balloon of more than 60 metres above ground level;

(d) a kite shall not be flown at a height of more than 30 metres above ground level withinthe aerodrome traYc zone of a notified aerodrome during the notified operating hoursof that aerodrome;

(e) a kite shall not be flown at a height of more than 60 metres above ground level; and

(f) a parascending parachute shall not be launched by winch and cable or by ground towwithin the aerodrome traYc zone of a notified aerodrome during the notifiedoperating hours of that aerodrome.

(4) An uncontrollable balloon in captive or released flight shall not be flown in airspacenotified for the purposes of this paragraph without the permission of the CAA.

(5) A controllable balloon shall not be flown in free controlled flight—

(a) within airspace notified for the purposes of this paragraph; or

(b) within the aerodrome traYc zone of a notified aerodrome during the notifiedoperating hours of that aerodrome;

except during the day and in visual meteorological conditions.

(6) A controllable balloon shall not be flown in tethered flight—

(a) within airspace notified for the purposes of this paragraph; or

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(b) within the aerodrome traYc zone of a notified aerodrome;except with the permission of the appropriate air traYc control unit.

(7) A balloon when in captive flight shall be securely moored and shall not be left unattendedunless it is fitted with a device which ensures its automatic deflation if it breaks free of itsmoorings.

(8) An airship with a capacity exceeding 3,000 cubic metres shall not be moored other thanon a notified aerodrome except with the permission of the CAA.

(9) An airship with a capacity not exceeding 3,000 cubic metres, unless it is moored on anotified aerodrome, shall not be moored—

(a) within 2 km of a congested area; or

(b) within the aerodrome traYc zone of a notified aerodrome;

except with the permission of the CAA.

(10) An airship when moored in the open shall be securely moored and shall not be leftunattended.

(11) A person shall not cause or permit—

(a) a group of small balloons exceeding 1,000 in number to be simultaneously released ata single site wholly or partly within the aerodrome traYc zone of a notified aerodromeduring the notified operating hours of that aerodrome unless that person has given tothe CAA not less than 28 days previous notice in writing of the release;

(b) a group of small balloons exceeding 2,000 but not exceeding 10,000 in number to besimultaneously released at a single site—

(i) within airspace notified for the purposes of this sub-paragraph; or

(ii) within the aerodrome traYc zone of a notified aerodrome during the notifiedoperating hours of that aerodrome;

without the permission of the CAA;

(c) a group of small balloons greater than 10,000 in number to be simultaneously releasedat a single site except with the permission of the CAA.


(a) in paragraph (5) “day” means the time from half an hour before sunrise until half anhour after sunset (both times exclusive), sunset and sunrise being determined atsurface level;

(b) the “notified operating hours” means the times notified in respect of an aerodromeduring which rule 39 of the Rules of the Air Regulations 1996(a) applies;

(c) “simultaneously released at a single site” means the release of a specified number ofballoons during a period not exceeding 15 minutes from within an area not exceeding1 km square.

Regulation of small aircraft

98.—(1) A person shall not cause or permit any article or animal (whether or not attachedto a parachute) to be dropped from a small aircraft so as to endanger persons or property.

(2) The person in charge of a small aircraft which weighs more than 7 kg without its fuel butincluding any articles or equipment installed in or attached to the aircraft at the commencementof its flight shall not fly such an aircraft—

(a) unless the person in charge of the aircraft has reasonably satisfied himself that theflight can safely be made;

(b) in Class A, C, D or E airspace unless the permission of the appropriate air traYccontrol unit has been obtained;

(c) within an aerodrome traYc zone during the notified hours of watch of the air traYccontrol unit (if any) at that aerodrome unless the permission of any such air traYccontrol unit has been obtained;

(d) at a height exceeding 400 feet above the surface unless it is flying in airspace describedin sub-paragraph (b) or (c) and in accordance with the requirements thereof; or

(e) for aerial work purposes other than in accordance with a permission issued by theCAA.

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Regulation of rockets

99.—(1) Subject to paragraph (2), this article applies to—

(a) small rockets of which the total impulse of the motor or combination of motorsexceeds 160 Newton-seconds; and

(b) large rockets.

(2) This article shall not apply to—

(a) an activity to which the Outer Space Act 1986(a) applies; or

(b) a military rocket.

(3) No person shall launch a small rocket to which this article applies unless the conditionin paragraph (4), and any of the conditions in paragraph (5) which are applicable, are satisfied.

(4) The condition first mentioned in paragraph (3) is that he has reasonably satisfiedhimself that—

(a) the flight can be safely made; and

(b) the airspace within which the flight will take place is, and will throughout the flight,remain clear of any obstructions including any aircraft in flight.

(5) The conditions mentioned secondly in paragraph (3) are that—

(a) for a flight within controlled airspace, he has obtained the permission of theappropriate air traYc control unit for aircraft flying in that airspace;

(b) for a flight within an aerodrome traYc zone at any of the times specified in Column2 of the Table in rule 39(1) of the Rules of the Air Regulations 1996(b)—

(i) he has obtained the permission of the air traYc control unit at the aerodrome; or

(ii) where there is no air traYc control unit, he has obtained from the aerodromeflight information service unit at that aerodrome information to enable the flightwithin the zone to be conducted safely; or

(iii) where there is no air traYc control unit and no aerodrome flight informationservice unit, he has obtained information from the air/ground communicationsservice unit at that aerodrome to enable the flight to be conducted safely;

(c) for a flight for aerial work purposes the flight is carried out under and in accordancewith a permission granted by the CAA.

(6) No person shall launch a large rocket unless he does so under and in accordance with apermission granted by the CAA.

PART 9

Air TraYc Services

Requirement for an air traYc control approval

100.—(1) No person in charge of the provision of an air traYc control service shall providesuch a service in respect of United Kingdom airspace or airspace outside the United Kingdomfor which the United Kingdom has, in pursuance of international arrangements, undertakento provide air navigation services otherwise than under and in accordance with the terms of anair traYc control approval granted to him by the CAA.

(2) The CAA shall grant an air traYc control approval if it is satisfied that the applicant iscompetent, having regard to his organisation, staYng, equipment, maintenance and otherarrangements, to provide a service which is safe for use by aircraft.

Duty of person in charge to satisfy himself as to competence of controllers

101. The holder of an approval under article 100 shall not permit any person to act as anair traYc controller or a student air traYc controller in the provision of the service under theapproval unless—

(a) such person holds an appropriate licence; and

a)( 1986 c. 38.b)( S.I. 1996/1393.

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(b) the holder has satisfied himself that such person is competent to perform his duties.

Manual of air traYc services

102. A person shall not provide an air traYc control service at any place unless—

(a) the service is provided in accordance with the standards and procedures specified ina manual of air traYc services in respect of that place;

(b) the manual is produced to the CAA within a reasonable time after a request for itsproduction is made by the CAA; and

(c) such amendments or additions have been made to the manual as the CAA may fromtime to time require.

Provision of air traYc services

103. In the case of an aerodrome (other than a Government aerodrome) in respect of whichthere is equipment for providing aid for holding, aid for let-down or aid for an approach tolanding by radio or radar, the person in charge of the aerodrome shall—

(a) inform the CAA in advance of the periods during and times at which any suchequipment is to be in operation for the purpose of providing such aid as is specifiedby the said person; and

(b) during any period and at such times as are notified, cause an approach control serviceto be provided.

Making of an air traYc direction in the interests of safety

104.—(1) The CAA may, in the interests of safety, direct the person in charge of anaerodrome that there shall be provided in respect of any aerodrome (other than a Governmentaerodrome) such an air traYc control service, a flight information service or a means of twoway radio communication as the CAA considers appropriate.

(2) The CAA may, in the interests of safety, direct the holder of a licence to provide air traYcservices granted under Part I of the Transport Act 2000(a) that there shall be provided, inrespect of United Kingdom airspace or airspace outside the United Kingdom for which theUnited Kingdom has in pursuance of international arrangements undertaken to provide airnavigation services, otherwise than in respect of an aerodrome, such an air traYc controlservice, a flight information service or a means of two way radio communication as the CAAconsiders appropriate.

(3) The CAA may specify in a direction made under this article the periods during which,the times at which, the manner in which and the airspace within which such service or suchmeans shall be provided.

(4) The person who has been directed shall cause such a service or means to be provided inaccordance with the direction.

(5) A provisional air traYc direction—

(a) may, if it thinks fit, be made by the CAA in accordance with paragraph (1) or (2)pending inquiry into or consideration of the case;

(b) shall have eVect as though it were an air traYc direction made in accordance withparagraph (1) or (2) as the case may be.

Making of a direction for airspace policy purposes

105.—(1) After consultation with the Secretary of State the CAA may direct in accordancewith paragraphs (2) and (3) any person in charge of the provision of air traYc services toprovide air traYc services in respect of United Kingdom airspace or airspace outside the UnitedKingdom for which the United Kingdom has undertaken in pursuance of internationalarrangements to provide air traYc services.

(2) A direction under paragraph (1) may be made—

(a) in the interests of ensuring the eYcient use of airspace; or

a)( 2000 c. 38.

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(b) to require that air traYc services are provided to a standard considered appropriateby the CAA for the airspace classification.

(3) The CAA may specify in a direction under paragraph (1) the air traYc services and thestandard to which they are to be provided and the periods during which, the times at which, themanner in which, and the airspace within which such services shall be provided.

(4) The person who has been directed shall cause such a service to be provided in accordancewith the direction.

Use of radio call signs at aerodromes

106. The person in charge of an aerodrome provided with means of two-way radiocommunication shall not cause or permit any call sign to be used for a purpose other than apurpose for which that call sign has been notified.

PART 10

Licensing of Air TraYc Controllers

Prohibition of unlicensed air traYc controllers and student air traYc controllers

107.—(1) Subject to paragraphs (3) and (4), a person shall not act as an air traYc controlleror hold himself out, whether by use of a radio call sign or in any other way, as a person whomay so act unless he is the holder of, and complies with the privileges and conditions of—

(a) a valid student air traYc controller’s licence granted under this Order;

(b) an appropriate air traYc controller’s licence granted under this Order; or

(c) a valid air traYc controller’s licence so granted which is not appropriate but he issupervised as though he was the holder of a student air traYc controller’s licence.

(2) A person shall not act as an air traYc controller unless he has identified himself in sucha manner as may be notified.

(3) A licence shall not be required by any person who, acting in the course of hisemployment, passes on such instructions or advice as he has been instructed so to do by theholder of an air traYc controller’s licence which entitles that holder to give such instructionsor advice.

(4) A licence shall not be required by any person who acts in the course of his duty as amember of any of Her Majesty’s naval, military or air forces or a visiting force.

Grant and renewal of air traYc controller’s and student air traYc controller’s licences

108.—(1) Subject to the provisions of this article the CAA shall grant licences, subject to anyconditions it thinks fit, of either of the classes specified in Part A of Schedule 11, authorising theholder to act as an air traYc controller or a student air traYc controller in the United Kingdom.

(2) Before granting such a licence the CAA must be satisfied that the applicant is—

(a) a fit person to act in the capacity to which the licence relates; and

(b) is qualified by reason of his knowledge, experience, skill and physical and mentalfitness to act in the capacity to which the licence relates, for which purpose he shallfurnish such evidence and undergo such examinations, assessments and tests(including in particular medical examinations) and undertake such courses of trainingas the CAA may require of him.

(3) Such a licence—

(a) shall, subject to article 92, remain in force for the period indicated therein, notexceeding the period specified in Schedule 11 for that licence;

(b) shall, if no period is indicated remain in force, subject to article 92, for the lifetime ofthe holder;

(c) may be renewed by the CAA from time to time upon its being satisfied that theapplicant is a fit person and qualified as specified in paragraph (2);

(d) shall not be granted to any person who is under the minimum age specified for thatlicence in Part A of Schedule 11;

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(e) shall not be valid unless the holder has signed it in ink or indelible pencil with hisordinary signature.

(4) The CAA may include in an air traYc controller’s licence, subject to such conditions asit thinks fit, any of the ratings and endorsements specified in Part B of Schedule 11, upon itsbeing satisfied that the applicant is qualified as specified in paragraph (2)(b) to act in thecapacity to which the rating or endorsement relates, and such rating or endorsement shall bedeemed to form part of the licence.

(5) The holder of an air traYc controller’s or a student air traYc controller’s licence shall,upon such occasions as the CAA may require, submit himself for such examinations,assessments and tests (including medical examinations) and furnish such evidence as to hisknowledge, experience, competence and skill and undergo such courses of training, as the CAAmay require.

Privileges of an air traYc controller’s licence and a student air traYc controller’s licence

109.—(1) Subject to article 110 and to any conditions of the licence granted under article 108an air traYc controller’s licence shall entitle the holder to—

(a) exercise the privileges specified in paragraph 1(3) of Part A of Schedule 11; and

(b) exercise the privileges of any rating or endorsement included in the licence as specifiedin Part B of the said Schedule.

(2) Subject to article 110 and to any conditions of the licence granted under article 108 astudent air traYc controller’s licence shall entitle the holder to exercise the privileges specifiedin paragraph 2(3) of Part A of Schedule 11.

Maintenance of validity of ratings and endorsements

110.—(1) The holder of an air traYc controller’s licence shall not be entitled to exercise theprivileges of a rating or endorsement contained in the licence unless the licence includes acurrent unit licence endorsement specifying that the rating or endorsement is valid for—

(a) the aerodrome or place at which he so acts;

(b) the sector on which or the operational position at which he so acts; and

(c) the surveillance equipment (if any) with which he so acts.

(2) A unit licence endorsement may be entered in a licence either by the CAA or by the holderof an air traYc controller’s licence which includes an examiner licence endorsement.

Obligation to notify rating ceasing to be valid and change of unit

111.—(1) Subject to paragraph (2), when a rating ceases to be valid for a sector oroperational position the holder of the licence shall forthwith inform the person who is approvedunder article 100 to provide an air traYc control service for that sector or operational positionto that eVect.

(2) When a rating ceases to be valid for a sector or operational position and is not valid forany other sector or operational position the holder shall notify the CAA and forward the licenceto the CAA or a person approved by the CAA for the purpose who shall endorse the licenceaccordingly and return it to the holder.

(3) Whenever a person ceases to act as an air traYc controller at a particular unit he shallnotify the CAA and forward the licence to the CAA or a person approved by the CAA for thepurpose who shall endorse the licence accordingly and return it to the holder.

Requirement for medical certificate

112.—(1) On the basis of a medical examination referred to in article 108(2)(b) and (5), theCAA or any person approved by it as competent to do so may issue a medical certificate subjectto such conditions as it or he thinks fit to the eVect that the holder of the licence has beenassessed as fit to perform the functions to which the licence relates.

(2) The certificate shall be deemed to form part of the licence.

(3) The holder of an air traYc controller’s licence shall not act as an air traYc controller,unless his licence includes a medical certificate issued and in force under paragraph (1).

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(4) The holder of a student air traYc controller’s licence shall not act as a student air traYccontroller unless his licence includes a medical certificate issued and in force underparagraph (1).

Appropriate licence

113. An air traYc controller’s licence shall not be an appropriate licence for the purposesof this Part of the Order unless it includes valid ratings, endorsements and certificates whichauthorise the holder to provide, at the aerodrome or place, the type of air traYc control servicefor the sector on which or the operational position at which it is being provided and with thetype of surveillance equipment being used (if any).

Incapacity of air traYc controllers

114.—(1) Every holder of an air traYc controller’s licence granted under article 108 who—

(a) suVers any personal injury or illness involving incapacity to undertake the functionsto which his licence relates throughout a period of 20 consecutive days; or

(b) in the case of a woman, has reason to believe that she is pregnant;shall inform the CAA in writing of such injury, illness or pregnancy as soon aspossible.

(2) An air traYc controller’s medical certificate shall cease to be in force on the expiry of theperiod of injury or illness referred to in paragraph (1)(a) and shall come into force again(provided it has not expired)—

(a) upon the holder being medically examined under arrangements made by the CAA andpronounced fit to resume his functions under the licence; or

(b) upon the CAA exempting the holder from the requirement of a medical examinationsubject to such conditions as the CAA may think fit.

Fatigue of air traYc controllers—air traYc controllers’ responsibilities

115. A person shall not act as an air traYc controller if he knows or suspects that he issuVering from or, having regard to the circumstances of the period of duty to be undertaken,is likely to suVer from, such fatigue as may endanger the safety of any aircraft to which an airtraYc control service may be provided.

Prohibition of acting under the influence of drink or a drug

116. A person shall not act as an air traYc controller or a student air traYc controller whilstunder the influence of drink or a drug to such an extent as to impair his capacity to act as such.

Failing exams

117. A person who, on the last occasion when he was examined, assessed or tested for thepurposes of this Part, failed that examination, assessment or test shall not be entitled to act inthe capacity for which that examination, assessment or test would have qualified him had hepassed it.

Use of simulators

118. No part of any examination, assessment or test undertaken for the purposes of thisPart or Schedule 11 or any training which has been approved under article 119 shall beundertaken in a simulator unless that simulator has been approved by the CAA.

Approval of courses, persons and simulators

119. Without prejudice to any other provision of this Order the CAA may, for the purposesof this Part—


(b) authorise a person to conduct such examinations, assessments or tests as it mayspecify;

(c) approve a person to provide any course of training or instruction; and

(d) approve a simulator.

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Acting as an air traYc controller and a student air traYc controller

120. For the purposes of this Part and Schedule 11—

(a) “acting as an air traYc controller” shall mean either—

(i) giving an air traYc control service; or

(ii) the supervision of a student air traYc controller;

or both; and

(b) “acting as a student air traYc controller” shall mean giving an air traYc controlservice under the supervision of an air traYc controller.

PART 11

Flight Information Services and Licensing of Flight Information Service OYcers

Prohibition of unlicensed flight information service oYcers

121.—(1) A person shall not act as a flight information service oYcer at any aerodrome orarea control centre or hold himself out, whether by use of a radio call sign or in any other way,as a person who may so act unless he is the holder of and complies with the terms of a flightinformation service oYcer’s licence granted under this Order authorising him to act as such atthat aerodrome or area control centre.

(2) A person shall not act as a flight information service oYcer unless he has identifiedhimself in such a manner as may be notified.

(3) For the purposes of this Part and Schedule 11 “acting as a flight information serviceoYcer” shall mean giving a flight information service.

Licensing of flight information service oYcers

122.—(1) The CAA shall grant a licence subject to such conditions as it thinks fit to anyperson aged 18 years or more to act as a flight information service oYcer upon its being satisfiedthat the applicant is a fit person to hold the licence and is qualified by reason of his knowledge,experience, competence, skill and physical and mental fitness so to act, and for that purpose theapplicant shall furnish such evidence and undergo such examinations and tests and undertakesuch courses of training as the CAA may require of him.

(2) A licence to act as a flight information service oYcer—

(a) may be renewed by the CAA from time to time, upon being satisfied that the applicantis a fit person and is qualified as aforesaid;

(b) shall remain in force, subject to article 92, for the period indicated in the licence or ifno period is indicated, for the lifetime of the holder.

(3) A flight information service oYcer’s licence shall not authorise the giving of a flightinformation service at an aerodrome or area control centre unless that aerodrome or areacontrol centre has been specified in the licence by a person authorised by the CAA for thepurpose and the licence has been validated in respect of that aerodrome or area control centreby a person authorised for the purpose by the CAA.

(4) If, throughout any period of 90 days the holder of the licence has not at any time givensuch a service at a particular aerodrome or area control centre, the licence shall cease to be validfor that aerodrome or area control centre at the end of that period until the licence has beenrevalidated in respect of that aerodrome or area control centre by a person authorised by theCAA for the purpose.

(5) A licence to act as a flight information service oYcer shall not be valid unless the holderof the licence has signed his name thereon in ink or indelible pencil with his ordinary signature.

(6) Every holder of a flight information service oYcer’s licence shall upon such occasions asthe CAA may require, submit himself to such examinations and tests and furnish such evidenceas to his knowledge, experience, competence and skill and undergo such courses of training asthe CAA may require.

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Flight information service manual

123. A person shall not provide a flight information service at any aerodrome or areacontrol centre unless—

(a) the service is provided in accordance with the standards and procedures specified in aflight information service manual in respect of that aerodrome or area control centre;

(b) the manual is produced to the CAA within a reasonable time after a request for itsproduction is made by the CAA; and

(c) such amendments or additions have been made to the manual as the CAA may fromtime to time require.

PART 12

Air TraYc Service Equipment

Air traYc service equipment

124.—(1) A person shall not cause or permit any air traYc service equipment to beestablished or used in the United Kingdom otherwise than under and in accordance with anapproval granted by the CAA to the person in charge of the equipment.

(2) An approval shall be granted under paragraph (1) upon the CAA being satisfied—

(a) as to the intended purpose of the equipment;

(b) that the equipment is fit for its intended purpose; and

(c) that the person is competent to operate the equipment.

(3) The person in charge of an aeronautical radio station at an aerodrome for which a licencefor public use has been granted shall cause to be notified in relation to that aeronautical radiostation the type and availability of operation of any service which is available for use by anyaircraft.

(4) An approval granted under paragraph (1) may include a condition requiring a person incharge of an aeronautical radio station at any other aerodrome or place to cause theinformation specified in paragraph (3) to be notified.

(5) An approval granted under paragraph (1) may in addition to any other conditions whichmay be imposed include a condition requiring the person in charge of the equipment to use aperson approved by the CAA under paragraph (6) for the provision of particular services inconnection with the equipment and in particular but without limitation may include acondition requiring that the equipment be flight checked by such an approved person.

(6) The CAA may approve a person to provide particular services in connection withapproved equipment.

(7) For the purpose of paragraphs (1) and (6) an approval may be granted in respect of oneor more than one person or generally.

(8) The provisions of this article shall not apply in respect of any air traYc service equipmentof which the person solely in charge is the Secretary of State.

Air traYc service equipment records

125.—(1) The person in charge of any air traYc service equipment and any associatedapparatus required under paragraph (2) or (3) shall keep in respect of such equipment orapparatus records in accordance with Part A of Schedule 12, and shall preserve such recordsfor a period of one year or such longer period as the CAA may in a particular case direct.

(2) The person in charge of an aeronautical radio station which is used for the provision ofan air traYc control service by an air traYc control unit shall provide recording apparatus inaccordance with paragraph (4).

(3) The CAA may direct the person in charge of any other air traYc service equipment toprovide recording apparatus in accordance with paragraph (4).

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(4) The person in charge of the air traYc service equipment in respect of which recordingapparatus is required to be provided under paragraph (2) or (3) shall, subject to paragraph (7)—

(a) ensure that when operated the apparatus is capable of recording and replaying theterms or content of any message or signal transmitted or received by or through thatequipment; or in the case of an aeronautical radio station the apparatus is capable ofrecording and replaying the terms or content of any voice radio message or signaltransmitted to an aircraft either alone or in common with other aircraft or receivedfrom an aircraft by the air traYc control unit;

(b) ensure that the apparatus is in operation at all times when the equipment is being usedin connection with the provision of a service provided for the purpose of facilitatingthe navigation of aircraft;

(c) ensure that each record made by the apparatus complies with Part B of Schedule 12;

(d) not cause or permit that apparatus to be used unless it is approved by the CAA; and

(e) comply with the terms of such an approval.

(5) The CAA may in considering whether or not to grant an approval, without limitation,have regard to the matters specified in Part C of Schedule 12.

(6) An approval may be granted—

(a) in addition to any other conditions which may be imposed, subject to conditionsrelating to the matters to which the CAA may have had regard to underparagraph (5);

(b) in respect of one or more than one person or generally.

(7) If any apparatus provided in compliance with paragraph (2) or (3) ceases to be capableof recording the matters required by this article to be included in the records, the personrequired to provide that apparatus shall ensure that, so far as practicable, a record is kept whichcomplies with Part B of Schedule 12 and on which the particulars specified therein are recordedtogether with, in the case of apparatus provided in compliance with paragraph (2), a summaryof voice communications exchanged between the aeronautical radio station and any aircraft.

(8) If any apparatus provided in compliance with paragraph (2) or (3) becomesunserviceable, the person in charge of the air traYc service equipment shall ensure that theapparatus is rendered serviceable again as soon as reasonably practicable.

(9) The person in charge of any air traYc service equipment shall preserve any record madein compliance with paragraph (4) or (7) for a period of 30 days from the date on which the termsor content of the message or signal were recorded or for such longer period as the CAA mayin a particular case direct.

(10) Subject to paragraph (11), a person required by this article to preserve any record byreason of his being the person in charge of the air traYc service equipment shall, if he ceases tobe such a person, continue to preserve the record as if he had not ceased to be such a person,and in the event of his death the duty to preserve the record shall fall upon his personalrepresentative.

(11) If another person becomes the person in charge of the air traYc service equipment theprevious person in charge or his personal representative shall deliver the record to that otherperson on demand, and it shall be the duty of that other person to deal with any such recorddelivered to him as if he were the previous person in charge.

(12) The person in charge of any air traYc service equipment shall within a reasonable timeafter being requested to do so by an authorised person produce any record required to bepreserved under this article to that authorised person.

(13) The provisions of this article shall not apply in respect of any air traYc serviceequipment of which the person solely in charge is the Secretary of State.

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PART 13

Aerodromes, Aeronautical Lights and Dangerous Lights

Aerodromes—public transport of passengers and instruction in flying

126.—(1) An aircraft to which this paragraph applies shall not take oV or land at a place inthe United Kingdom other than—

(a) an aerodrome licensed under this Order for the take-oV and landing of suchaircraft; or

(b) a Government aerodrome notified as available for the take-oV and landing of suchaircraft, or in respect of which the person in charge of the aerodrome has given hispermission for the particular aircraft to take oV or land as the case may be;

and in accordance with any conditions subject to which the aerodrome may have been licensedor notified, or subject to which such permission may have been given.

(2) Subject to paragraph (4), paragraph (1) applies to—

(a) any aeroplane of which the maximum total weight authorised exceeds 2,730 kg flyingon a flight—

(i) for the purpose of the public transport of passengers;

(ii) for the purpose of instruction in flying given to any person for the purpose ofbecoming qualified for the grant of a pilot’s licence or the inclusion of an aircraftrating, a night rating or a night qualification in a licence; or

(iii) for the purpose of carrying out flying tests in respect of the grant of a pilot’slicence or the inclusion of an aircraft rating or a night rating in a licence;

(b) any aeroplane of which the maximum total weight authorised does not exceed2,730 kg flying on a flight—

(i) which is a scheduled journey for the purpose of the public transport ofpassengers;

(ii) for the purpose of the public transport of passengers beginning and ending at thesame aerodrome;

(iii) for the purpose of—

(aa) instruction in flying given to any person for the purpose of becomingqualified for the grant of a pilot’s licence or the inclusion of an aircraftrating, a night rating or a night qualification in a licence; or

(bb) a flying test in respect of the grant of a pilot’s licence or the inclusion of anaircraft rating, a night rating or a night qualification in a licence; or

(iv) for the purpose of the public transport of passengers at night;

(c) any helicopter or gyroplane flying on a flight specified in sub-paragraph (b)(i) or(iii); and

(d) any glider (other than a glider being flown under arrangements made by a flying cluband carrying no person other than a member of the club) flying on a flight for thepurpose of the public transport of passengers or for the purpose of instruction inflying.

(3) Subject to paragraph (4)—

(a) the person in charge of any area in the United Kingdom intended to be used for thetake oV or landing of helicopters at night other than such a place as is specified inparagraph (1) shall cause to be in operation, whenever a helicopter flying for thepurpose of the public transport of passengers is taking oV or landing at that area bynight, such lighting as will enable the pilot of the helicopter—

(i) in the case of landing, to identify the landing area in flight, to determine thelanding direction and to make a safe approach and landing; and

(ii) in the case of taking oV, to make a safe take-oV;

(b) a helicopter flying for the purpose of the public transport of passengers at night shallnot take oV or land at a place to which sub-paragraph (a) applies unless there is inoperation such lighting.

(4) Paragraph (1) shall not apply to or in relation to an aircraft flying under and inaccordance with the terms of a police air operator’s certificate.

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Use of Government aerodromes

127. With the concurrence of the Secretary of State, the CAA may cause to be notifiedsubject to such conditions as it thinks fit, any Government aerodrome as an aerodromeavailable for the take-oV and landing of aircraft engaged on flights for the purpose of the publictransport of passengers or for the purpose of instruction in flying or of any classes of suchaircraft.

Licensing of aerodromes

128.—(1) The CAA shall grant a licence in respect of any aerodrome in the United Kingdomif it is satisfied that—

(a) the applicant is competent, having regard to his previous conduct and experience, hisequipment, organisation, staYng, maintenance and other arrangements, to securethat the aerodrome and the airspace within which its visual traYc pattern is normallycontained are safe for use by aircraft;

(b) the aerodrome is safe for use by aircraft, having regard in particular to the physicalcharacteristics of the aerodrome and of its surroundings; and

(c) the aerodrome manual submitted under paragraph (6) is adequate.

(2) If the applicant so requests or if the CAA considers that an aerodrome should beavailable for the take-oV or landing of aircraft to all persons on equal terms and conditions, itmay grant a licence (in this Order referred to as “a licence for public use”) which in addition toany other conditions which it may impose shall be subject to the condition that the aerodromeshall at all times when it is available for the take-oV or landing of aircraft be so available to allpersons on equal terms and conditions.

(3) The holder of an aerodrome licence granted under this Order (in this article called “anaerodrome licence holder”) shall—

(a) furnish to any person on request information concerning the terms of the licence; and

(b) in the case of a licence for public use, cause to be notified the times during which theaerodrome will be available for the take-oV or landing of aircraft engaged on flightsfor the purpose of the public transport of passengers or instruction in flying.

(4) An aerodrome licence holder shall not contravene or cause or permit to be contravenedany condition of the aerodrome licence at any time in relation to an aircraft flying on a flightspecified in article 126(2), but the licence shall not cease to be valid by reason only of such acontravention.

(5) An aerodrome licence holder shall take all reasonable steps to secure that the aerodromeand the airspace within which its visual traYc pattern is normally contained are safe at all timesfor use by aircraft.

(6) Upon making an application for an aerodrome licence the applicant shall submit to theCAA an aerodrome manual for that aerodrome.

(7) An aerodrome manual required under this article shall contain all such information andinstructions as may be necessary to enable the aerodrome operating staV to perform their dutiesas such including, in particular, information and instructions relating to the matters specifiedin Schedule 13.

(8) Every aerodrome licence holder shall—

(a) furnish to the CAA any amendments or additions to the aerodrome manual beforeor immediately after they come into eVect;

(b) without prejudice to sub-paragraph (a), make such amendments or additions to theaerodrome manual as the CAA may require for the purpose of ensuring the safeoperation of aircraft at the aerodrome or the safety of air navigation; and

(c) maintain the aerodrome manual and make such amendments as may be necessary forthe purposes of keeping its contents up to date.

(9) Every aerodrome licence holder shall make available to each member of the aerodromeoperating staV a copy of the aerodrome manual, or a copy of every part of the aerodromemanual which is relevant to his duties and shall ensure that each such copy is kept up to date.

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(10) Every aerodrome licence holder shall take all reasonable steps to secure that eachmember of the aerodrome operating staV—

(a) is aware of the contents of every part of the aerodrome manual which is relevant tohis duties as such; and

(b) undertakes his duties as such in conformity with the relevant provisions of themanual.


(a) “aerodrome operating staV” means all persons, whether or not the aerodrome licenceholder and whether or not employed by the aerodrome licence holder, whose dutiesare concerned either with ensuring that the aerodrome and airspace within which itsvisual traYc pattern is normally contained are safe for use by aircraft, or whose dutiesrequire them to have access to the aerodrome manoeuvring area or apron;

(b) “visual traYc pattern” means the aerodrome traYc zone of the aerodrome, or, in thecase of an aerodrome which is not notified for the purposes of rule 39 of the Rules ofthe Air Regulations 1996(a), the airspace which would comprise the aerodrome traYczone of the aerodrome if it were so notified.

Charges at aerodromes licensed for public use

129. The licensee of any aerodrome in respect of which a licence for public use has beengranted shall, when required by the Secretary of State, furnish to the Secretary of State suchparticulars as he may require of the charges established by the licensee for the use of theaerodrome or of any facilities provided at the aerodrome for the safety, eYciency or regularityof air navigation.

Use of aerodromes by aircraft of Contracting States and of the Commonwealth

130. The person in charge of any aerodrome in the United Kingdom which is open to publicuse by aircraft registered in the United Kingdom (whether or not the aerodrome is a licensedaerodrome) shall cause the aerodrome and all of its air navigation facilities to be available foruse by aircraft registered in other Contracting States or in any part of the Commonwealth onthe same terms and conditions as for use by aircraft registered in the United Kingdom.

Noise and vibration caused by aircraft on aerodromes

131.—(1) The Secretary of State may prescribe the conditions under which noise andvibration may be caused by aircraft (including military aircraft) on Government aerodromes,licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance ofaircraft is carried out by persons carrying on business as manufacturers or repairers of aircraft.

(2) Section 77(2) of the Civil Aviation Act 1982 shall apply to any aerodrome in relation towhich the Secretary of State has prescribed conditions in accordance with paragraph (1).

Aeronautical lights

132.—(1) Except with the permission of the CAA and in accordance with any conditionssubject to which the permission may be granted, a person shall not establish, maintain or alterthe character of—

(a) an aeronautical beacon within the United Kingdom; or

(b) any aeronautical ground light (other than an aeronautical beacon) at an aerodromelicensed under this Order, or which forms part of the lighting system for use by aircrafttaking oV from or landing at such an aerodrome.

(2) In the case of an aeronautical beacon which is or may be visible from the waters withinan area of a general lighthouse authority, the CAA shall not give its permission for the purposeof this article except with the consent of that authority.

(3) A person shall not intentionally or negligently damage or interfere with any aeronauticalground light established by or with the permission of the CAA.

a)( S.I. 1996/1393.

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Lighting of en-route obstacles

133.—(1) For the purposes of this article, an “en-route obstacle” means any building,structure or erection which is 150 metres or more above ground level, but it does not include abuilding, structure or erection—

(a) which is in the vicinity of a licensed aerodrome; and

(b) to which section 47 of the Civil Aviation Act 1982 applies.

(2) The person in charge of an en-route obstacle shall ensure that it is fitted with mediumintensity steady red lights positioned as close as possible to the top of the obstacle and atintermediate levels spaced so far as practicable equally between the top lights and ground levelwith an interval not exceeding 52 metres.

(3) Subject to paragraph (4), the person in charge of an en-route obstacle shall ensure that,by night, the lights required to be fitted by this article shall be displayed.

(4) In the event of the failure of any light which is required by this article to be displayed bynight the person in charge shall repair or replace the light as soon as is reasonably practicable.

(5) At each level on the obstacle where lights are required to be fitted, suYcient lights shallbe fitted and arranged so as to show when displayed in all directions.

(6) In any particular case the CAA may direct that an en-route obstacle shall be fitted withand shall display such additional lights in such positions and at such times as it may specify.

(7) This article shall not apply to any en-route obstacle in respect of which the CAA hasgranted a permission for the purposes of this article to the person in charge.

(8) A permission may be granted for the purposes of this article in respect of a particular caseor class of cases or generally.

Lighting of wind turbine generators in United Kingdom territorial waters

134.—(1) This article shall apply to any wind turbine generator which is situated in waterswithin or adjacent to the United Kingdom up to the seaward limits of the territorial sea and theheight of which is 60 metres or more above the level of the sea at the highest astronomical tide.

(2) Subject to paragraph (3) the person in charge of a wind turbine generator to which thisarticle applies shall ensure that it is fitted with at least one medium intensity steady red lightpositioned as close as reasonably practicable to the top of the fixed structure.

(3) Where four or more wind turbine generators to which this article applies are locatedtogether in the same group, with the permission of the CAA only those on the periphery of thegroup need be fitted with a light in accordance with paragraph (2).

(4) The light or lights required by paragraph (2) shall, subject to paragraph (5), be so fittedas to show when displayed in all directions without interruption.

(5) When displayed—

(a) the angle of the plane of the beam of peak intensity emitted by the light shall beelevated to between 3 and 4 degrees above the horizontal plane;

(b) not more than 45% or less than 20% of the minimum peak intensity specified for alight of this type shall be visible at the horizontal plane;

(c) not more than 10% of the minimum peak intensity specified for a light of this typeshall be visible at a depression of 1.5 degrees or more below the horizontal plane.

(6) The person in charge of a wind turbine generator to which this article applies shall—

(a) subject to sub-paragraph (b) ensure that by night, any light required to be fitted bythis article shall be displayed;

(b) in the event of the failure of the light which is required by this article to be displayedby night, repair or replace the light as soon as is reasonably practicable.

(7) When visibility in all directions from every wind turbine generator to which this articleapplies in a group is more than 5 km the light intensity for any light required by this article tobe fitted to any generator in the group and displayed may be reduced to not less than 10% ofthe minimum peak intensity specified for a light of this type.

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(8) In any particular case the CAA may direct that a wind turbine generator to which thisarticle applies shall be fitted with and shall display such additional lights in such positions andat such times as it may specify.

(9) This article shall not apply to any wind turbine generator in respect of which the CAAhas granted a permission for the purposes of this article to the person in charge.

(10) A permission may be granted for the purposes of this article in respect of a particularcase or class of cases or generally.


(a) “wind turbine generator” is a generating station which is wholly or mainly drivenby wind;

(b) the height of a wind turbine generator is the height of the fixed structure or if greaterthe maximum vertical extent of any blade attached to that structure; and

(c) a wind turbine generator is in the same group as another wind turbine generator if thesame person is in charge of both and—

(i) it is within 2 km of that other wind turbine generator; or

(ii) it is within 2 km of a wind turbine generator which is in the same group as thatother wind turbine generator.

Dangerous lights

135.—(1) A person shall not exhibit in the United Kingdom any light which—

(a) by reason of its glare is liable to endanger aircraft taking oV from or landing at anaerodrome; or

(b) by reason of its liability to be mistaken for an aeronautical ground light is liable toendanger aircraft.

(2) If any light which appears to the CAA to be such a light as aforesaid is exhibited the CAAmay cause a notice to be served upon the person who is the occupier of the place where the lightis exhibited or has charge of the light, directing that person, within a reasonable time to bespecified in the notice, to take such steps as may be specified in the notice for extinguishing orscreening the light and for preventing for the future the exhibition of any other light which maysimilarly endanger aircraft.

(3) The notice may be served either personally or by post, or by aYxing it in someconspicuous place near to the light to which it relates.

(4) In the case of a light which is or may be visible from any waters within the area of ageneral lighthouse authority, the power of the CAA under this article shall not be exercisedexcept with the consent of that authority.

Customs and Excise aerodromes

136.—(1) The Secretary of State may, with the concurrence of the Commissioners ofRevenue and Customs and subject to such conditions as they may think fit, by order designateany aerodrome to be a place for the landing or departure of aircraft for the purpose of theenactments for the time being in force relating to customs and excise.

(2) The Secretary of State may, with the concurrence of the Commissioners of Revenue andCustoms, by order revoke any designation so made.

Aviation fuel at aerodromes

137.—(1) Subject to paragraph (2), a person who has the management of any aviation fuelinstallation on an aerodrome in the United Kingdom shall not cause or permit any fuel to bedelivered to that installation or from it to an aircraft unless—

(a) when the aviation fuel is delivered into the installation he is satisfied that—

(i) the installation is capable of storing and dispensing the fuel so as not to renderit unfit for use in aircraft;

(ii) the installation is marked in a manner appropriate to the grade of fuel stored orif diVerent grades are stored in diVerent parts each part is so marked; and

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(iii) in the case of delivery into the installation or part thereof from a vehicle or vessel,the fuel has been sampled and is of a grade appropriate to that installation or thatpart of the installation as the case may be and is fit for use in aircraft; and

(b) when any aviation fuel is dispensed from the installation he is satisfied as the result ofsampling that the fuel is fit for use in aircraft.

(2) Paragraph (1) shall not apply in respect of fuel which has been removed from an aircraftand is intended for use in another aircraft operated by the same operator as the aircraft fromwhich it has been removed.

(3) A person to whom paragraph (1) applies shall keep a written record in respect of eachinstallation of which he has the management, which record shall include—

(a) particulars of the grade and quantity of aviation fuel delivered and the date ofdelivery;

(b) particulars of all samples taken of the aviation fuel and of the results of tests of thosesamples; and

(c) particulars of the maintenance and cleaning of the installation;

and he shall preserve the written record for a period of 12 months or such longer period as theCAA may in a particular case direct and shall, within a reasonable time after being requestedto do so by an authorised person, produce such record to that person.

(4) A person shall not cause or permit any aviation fuel to be dispensed for use in an aircraftif he knows or has reason to believe that the aviation fuel is not fit for use in aircraft.

(5) If it appears to the CAA or an authorised person that any aviation fuel is intended orlikely to be delivered in contravention of any provision of this article, the CAA or thatauthorised person may direct the person having the management of the installation not topermit aviation fuel to be dispensed from that installation until the direction has been revokedby the CAA or by an authorised person.


(a) “aviation fuel” means fuel intended for use in aircraft; and

(b) “aviation fuel installation” means any apparatus or container, including a vehicle,designed, manufactured or adapted for the storage of aviation fuel or for the deliveryof such fuel to an aircraft.

PART 14

General

Restriction on carriage for valuable consideration in aircraft registered elsewhere than in theUnited Kingdom

138.—(1) An aircraft registered in a Contracting State other than the United Kingdom, orin a foreign country, shall not take on board or discharge any passengers or cargo in the UnitedKingdom where valuable consideration is given or promised in respect of the carriage of suchpersons or cargo unless—

(a) it does so with the permission of the Secretary of State granted under this article tothe operator or the charterer of the aircraft or to the Government of the country inwhich the aircraft is registered, and in accordance with any conditions to which suchpermission may be subject; or

(b) it is exercising traYc rights permitted by virtue of Council Regulation 2408/92(a) onaccess for Community air carriers to intra-Community air routes (as that Regulationhas eVect in accordance with the EEA Agreement(b) as amended by the Decision ofthe EEA Joint Committee No. 7/94 of 21st March 1994(c)).

a)( O.J. No. L 240, 24.8.92, p. 8.b)( Cm 2073 and 2183.c)( Decision of the EEA Joint Committee No. 7/94 of 21st March 1994 amending Protocol 47 and certain Annexes to the

EEA Agreement: O.J. No. L 160, 28.6.94, p. 1.

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(2) Without prejudice to article 93 or to paragraph (1), any breach by a person to whom apermission has been granted under this article of any condition to which that permission wassubject shall constitute a contravention of this article.

Filing and approval of tariVs

139.—(1) Where a permission granted under article 138(1) contains a tariV provision, theoperator or charterer of the aircraft concerned shall file with the CAA the tariV which itproposes to apply on flights to which the said permission relates and the CAA shall considerthe proposed tariV and may, if it thinks fit, approve or disapprove it.

(2) For the purposes of this article, “tariV provision” means a condition as to any of thefollowing matters—

(a) the price to be charged for the carriage of passengers, baggage or cargo on flights towhich a permission granted under article 138(1) relates;

(b) any additional goods, services or other benefits to be provided in connection with suchcarriage;

(c) the prices, if any, to be charged for any such additional goods, services or benefits; and

(d) the commission, or rates of commission, to be paid in relation to the carriage ofpassengers, baggage or cargo;

and includes any condition as to the applicability of any such price, the provision of any suchgoods, services or benefits or the payment of any such commission or of commission at anysuch rate.

(3) The CAA shall act on behalf of the Crown in performing the functions conferred on itby this article.

Restriction on aerial photography, aerial survey and aerial work in aircraft registered elsewherethan in the United Kingdom

140.—(1) An aircraft registered in a Contracting State other than the United Kingdom, orin a foreign country, shall not fly over the United Kingdom for the purpose of aerialphotography or aerial survey (whether or not valuable consideration is given or promised inrespect of the flight or the purpose of the flight) or for the purpose of any other form of aerialwork except with the permission of the Secretary of State granted under this article to theoperator or the charterer of the aircraft and in accordance with any conditions to which suchpermission may be subject.

(2) Without prejudice to article 93 or to paragraph (1), any breach by a person to whom apermission has been granted under this article of any condition to which that permission wassubject shall constitute a contravention of this article.

Flights over any foreign country

141.—(1) The operator and the commander of an aircraft registered in the United Kingdom(or, if the operator’s principal place of business or permanent residence is in the UnitedKingdom, any other aircraft) which is being flown over any foreign country shall not allow thataircraft to be used for a purpose which is prejudicial to the security, public order or publichealth of, or to the safety of air navigation in relation to, that country.

(2) A person does not contravene paragraph (1) if he neither knew nor suspected that theaircraft was being or was to be used for a purpose referred to in paragraph (1).

(3) The operator and the commander of an aircraft registered in the United Kingdom (or,if the operator’s principal place of business or permanent residence is in the United Kingdom,any other aircraft) which is being flown over any foreign country shall comply with anydirections given by the appropriate aeronautical authorities of that country whenever—

(a) the flight has not been duly authorised; or

(b) there are reasonable grounds for the appropriate aeronautical authorities to believethat the aircraft is being or will be used for a purpose which is prejudicial to thesecurity, public order or public health of, or to the safety of air navigation in relationto, that country;

unless the lives of persons on board or the safety of the aircraft would thereby be endangered.

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(4) A person does not contravene paragraph (3) if he neither knew nor suspected thatdirections were being given by the appropriate aeronautical authorities.

(5) The requirement in paragraph (3) is without prejudice to any other requirement tocomply with directions of an aeronautical authority.

(6) In this article “appropriate aeronautical authorities” includes any person, whether amember of a country’s military or civil authorities, authorised under the law of the foreigncountry to issue directions to aircraft flying over that country.

Mandatory reporting of occurrences

142.—(1) The objective of this article is to contribute to the improvement of air safety byensuring that relevant information on safety is reported, collected, stored, protected anddisseminated.

(2) The sole objective of occurrence reporting is the prevention of accidents and incidentsand not to attribute blame or liability.

(3) This article shall apply to occurrences which endanger or which, if not corrected, wouldendanger an aircraft, its occupants or any other person.

(4) Without prejudice to the generality of paragraph (3), a list of examples of theseoccurrences is set out in Annexes I and II (and their Appendices) of Directive 2003/42 of theEuropean Parliament and of the Council of 13th June 2003 on occurrence reporting in civilaviation(a).

(5) Every person listed below shall report to the CAA any event which constitutes anoccurrence for the purposes of paragraph (3) and which comes to his attention in the exerciseof his functions—

(a) the operator and the commander of a turbine-powered aircraft which has a certificateof airworthiness issued by the CAA;

(b) the operator and the commander of an aircraft operated under an air operator’scertificate granted by the CAA;

(c) a person who carries on the business of manufacturing a turbine-powered or a publictransport aircraft, or any equipment or part thereof, in the United Kingdom;

(d) a person who carries on the business of maintaining or modifying a turbine-poweredaircraft , which has a certificate of airworthiness issued by the CAA, and a person whocarries on the business of maintaining or modifying any equipment or part of suchan aircraft;

(e) a person who carries on the business of maintaining or modifying an aircraft,operated under an air operator’s certificate granted by the CAA, and a person whocarries on the business of maintaining or modifying any equipment or part of suchan aircraft;

(f) a person who signs an airworthiness review certificate, or a certificate of release toservice in respect of a turbine-powered aircraft, which has a certificate ofairworthiness issued by the CAA, and a person who signs an airworthiness reviewcertificate or a certificate of release to service in respect of any equipment or part ofsuch an aircraft;

(g) a person who signs an airworthiness review certificate, or a certificate of release toservice in respect of an aircraft, operated under an air operator’s certificate grantedby the CAA, and a person who signs an airworthiness review certificate or a certificateof release to service in respect of any equipment or part of such an aircraft;

(h) a person who performs a function which requires him to be authorised by the CAAas an air traYc controller or as a flight information service oYcer;

(i) a licensee and a manager of a licensed aerodrome or a manager of an airport to whichCouncil Regulation (EEC) No. 2408/92 of 23rd July 1992 on access for Communityair carriers to intra-Community air routes(b) applies;

(j) a person who performs a function in respect of the installation, modification,

a)( O.J. No. L167, 4.7.2003 p. 23.b)( O.J. No. L240, 24.8.1992, p. 8.

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maintenance, repair, overhaul, flight-checking or inspection of air navigationfacilities which are utilized by a person who provides an air traYc control serviceunder an approval issued by the CAA;

(k) a person who performs a function in respect of the ground-handling of aircraft,including fuelling, servicing, loadsheet preparation, loading, de-icing and towing atan airport to which Council Regulation (EEC) No. 2408/92 of 23rd July 1992 onaccess for Community air carriers to intra-Community air routes applies.

(6) Reports of occurrences shall be made within such time, by such means and containingsuch information as may be prescribed and shall be presented in such form as the CAA may inany particular case approve.

(7) A person listed in paragraph (5) shall make a report to the CAA within such time, by suchmeans, and containing such information as the CAA may specify in a notice in writing servedupon him, being information which is in his possession or control and which relates to anoccurrence which has been reported by him or another person to the CAA in accordance withthis article.

(8) A person shall not make any report under this article if he knows or has reason to believethat the report is false in any particular.

(9) The CAA shall put in place a mechanism to collect, evaluate, process and storeoccurrences reported in accordance with paragraphs (5) to (7).

(10) The CAA shall store in its databases the reports which it has collected of occurrences,accidents and serious incidents.

(11) The CAA shall make all relevant safety-related information stored in the databasesmentioned in paragraph (10) available to the competent authorities of the other Member Statesand the Commission.

(12) The CAA shall ensure that the databases referred to in paragraph (10) are compatiblewith the software developed by the European Commission for the purpose of implementingDirective 2003/42 of the European Parliament and of the Council of 13th June 2003 onoccurrence reporting in civil aviation.

(13) The CAA, having received an occurrence report, shall enter it into its databases andnotify, whenever necessary: the competent authority of the Member State where the occurrencetook place; where the aircraft is registered; where the aircraft was manufactured, and where theoperator’s air operator’s certificate was granted.

(14) The CAA shall provide any entity entrusted with regulating civil aviation safety or withinvestigating civil aviation accidents and incidents within the Community with access toinformation on occurrences collected and exchanged in accordance with paragraphs (9) to (13)to enable it to draw the safety lessons from the reported occurrences.

(15) The CAA and the Chief Inspector of Air Accidents shall use any information receivedin accordance with the terms of this article solely for the purposes set out in this article.

(16) The names or addresses of individual persons shall not be recorded on the databasesreferred to in paragraph (10).

(17) Without prejudice to the rules of criminal law, no proceedings shall be instituted inrespect of unpremeditated or inadvertent infringements of the law which come to the attentionof the relevant authorities only because they have been reported under this article as requiredby Article 4 of Directive 2003/42 of the European Parliament and of the Council of 13th June2003 on occurrence reporting in civil aviation, except in cases of gross negligence.

(18) The provisions in paragraphs (15) to (17) shall apply without prejudice to the right ofaccess to information by judicial authorities.

(19) The CAA shall put in place a system of voluntary reporting to collect and analyseinformation on observed deficiencies in aviation which are not required to be reported underthe system of mandatory reporting, but which are perceived by the reporter as an actual orpotential hazard.

(20) Voluntary reports presented to the CAA under paragraph (19) shall be subjected to aprocess of disidentification by it where the person making the report requests that his identityis not recorded on the databases.

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(21) The CAA shall ensure that relevant safety information deriving from the analysis ofreports, which have been subjected to disidentification, are stored and made available to allparties so that they can be used for improving safety in aviation.

Mandatory reporting of birdstrikes

143.—(1) Subject to the provisions of this article, the commander of an aircraft shall makea report to the CAA of any birdstrike occurrence which occurs whilst the aircraft is in flightwithin the United Kingdom.

(2) The report shall be made within such time, by such means and shall contain suchinformation as may be prescribed and it shall be presented in such form as the CAA may in anyparticular case approve.

(3) Nothing in this article shall require a person to report any occurrence which he hasreported under article 142 or which he has reason to believe has been or will be reported byanother person to the CAA in accordance with that article.

(4) A person shall not make any report under this article if he knows or has reason to believethat the report is false in any particular.

(5) In this article “birdstrike occurrence” means an incident in flight in which thecommander of an aircraft has reason to believe that the aircraft has been in collision with oneor more than one bird.

Power to prevent aircraft flying

144.—(1) If it appears to the CAA or an authorised person that any aircraft is intended orlikely to be flown—

(a) in such circumstances that any provision of article 3, 5, 6, 8, 25, 26, 43, 62, 69, 70 or75(2) would be contravened in relation to the flight;

(b) in such circumstances that the flight would be in contravention of any other provisionof this Order, of any regulations made thereunder or of Part 21, 145 or M and be acause of danger to any person or property whether or not in the aircraft; or

(c) while in a condition unfit for the flight, whether or not the flight would otherwise bein contravention of any provision of this Order, of any regulations made thereunderor of Part 21, 145 or M;

the CAA or that authorised person may direct the operator or the commander of the aircraftthat he is not to permit the aircraft to make the particular flight or any other flight of suchdescription as may be specified in the direction, until the direction has been revoked by the CAAor by an authorised person, and the CAA or that authorised person may take such steps as arenecessary to detain the aircraft.

(2) For the purposes of paragraph (1) the CAA or any authorised person may enter uponand inspect any aircraft.

(3) If it appears to the Secretary of State or an authorised person that any aircraft is intendedor likely to be flown in such circumstances that any provision of article 138, 140 or 141 wouldbe contravened in relation to the flight, the Secretary of State or that authorised person maydirect the operator or the commander of the aircraft that he is not to permit the aircraft to makea particular flight or any other flight of such description as may be specified in the direction untilthe direction has been revoked by the Secretary of State or by an authorised person, and theSecretary of State or any authorised person may take such steps as are necessary to detainthe aircraft.

(4) For the purposes of paragraph (3) the Secretary of State or any authorised person mayenter upon any aerodrome and may enter upon and inspect any aircraft.

Right of access to aerodromes and other places

145.—(1) Subject to paragraph (2), the CAA and any authorised person shall have the rightof access at all reasonable times—

(a) to any aerodrome for the purpose of inspecting the aerodrome;

(b) to any aerodrome for the purpose of inspecting any aircraft on the aerodrome or anydocument which it or he has power to demand under this Order, or for the purposeof detaining any aircraft under the provisions of this Order;

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(c) to any place where an aircraft has landed, for the purpose of inspecting the aircraftor any document which it or he has power to demand under this Order and for thepurpose of detaining the aircraft under the provisions of this Order; and

(d) to any building or place from which an air traYc control service is being provided orwhere any air traYc service equipment requiring approval under article 124 is situatedfor the purpose of inspecting—

(i) any equipment used or intended to be used in connection with the provision ofa service to an aircraft in flight or on the ground; or

(ii) any document or record which it or he has power to demand under this Order.

(2) Access to a Government aerodrome shall only be obtained with the permission of theperson in charge of the aerodrome.

Obstruction of persons

146. A person shall not intentionally obstruct or impede any person acting in the exerciseof his powers or the performance of his duties under this Order.

Directions

147.—(1) Where any provision of this Order or any regulations made thereunder gives to aperson the power to direct, the person to whom such a power is given shall also have the powerto revoke or vary any such direction.

(2) Any person who without reasonable excuse fails to comply with any direction given tohim under any provision of this Order or any regulations made thereunder shall be deemed forthe purposes of this Order to have contravened that provision.

Penalties

148.—(1) If any provision of this Order, or any regulations made thereunder or of Part 21,145 or M is contravened in relation to an aircraft, the operator of that aircraft and thecommander and, in the case of a contravention of article 138, the charterer of that aircraft, shall(without prejudice to the liability of any other person for that contravention) be deemed for thepurposes of the following provisions of this article to have contravened that provision unlesshe proves that the contravention occurred without his consent or connivance and that heexercised all due diligence to prevent the contravention.

(2) If it is proved that an act or omission of any person which would otherwise have been acontravention by that person of a provision of this Order, or any regulations made thereunderor of Part 21, 66, 145, 147 or M was due to any cause not avoidable by the exercise of reasonablecare by that person the act or omission shall be deemed not to be a contravention by that personof that provision.

(3) Where a person is charged with contravening a provision of this Order or any regulationsmade thereunder by reason of his having been a member of the flight crew of an aircraft on aflight for the purpose of public transport or aerial work the flight shall be treated (withoutprejudice to the liability of any other person under this Order) as not having been for thatpurpose if he proves that he neither knew nor suspected that the flight was for that purpose.

(4) If any person contravenes any provision of this Order, or any regulations madethereunder or of Part 21, 66, 145, 147 or M not being a provision referred to in paragraph (5),(6) or (7), he shall be guilty of an oVence and liable on summary conviction to a fine notexceeding level 3 on the standard scale.

(5) If any person contravenes any provision specified in Part A of Schedule 14 he shall beguilty of an oVence and liable on summary conviction to a fine not exceeding level 4 on thestandard scale.

(6) If any person contravenes any provision specified in Part B of the said Schedule he shallbe guilty of an oVence and liable on summary conviction to a fine not exceeding the statutorymaximum and on conviction on indictment to a fine or imprisonment for a term not exceedingtwo years or both.

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(7) If any person contravenes any provision specified in Part C of the said Schedule he shallbe guilty of an oVence and liable on summary conviction to a fine not exceeding the statutorymaximum and on conviction on indictment to a fine or imprisonment for a term not exceedingfive years or both.

Extra-territorial eVect of the Order(a)

149.—(1) Except where the context otherwise requires, the provisions of this Order—

(a) in so far as they apply (whether by express reference or otherwise) to aircraftregistered in the United Kingdom, shall apply to such aircraft wherever they may be;

(b) in so far as they apply as aforesaid to other aircraft shall apply to such other aircraftwhen they are within the United Kingdom or on or in the neighbourhood of anoVshore installation;

(c) in so far as they prohibit, require or regulate (whether by express reference orotherwise) the doing of anything by persons in, or by any of the crew of, any aircraftregistered in the United Kingdom, shall apply to such persons and crew, whereverthey may be;

(d) in so far as they prohibit, require or regulate as aforesaid the doing of anything inrelation to any aircraft registered in the United Kingdom by other persons shall,where such persons are Commonwealth citizens, British protected persons or citizensof the Republic of Ireland, apply to them wherever they may be; and

(e) in so far as they prohibit, require or regulate as aforesaid the doing of anything inrelation to any aircraft on or in the neighbourhood of an oVshore installation, shallapply to every person irrespective of his nationality or, in the case of a body corporate,of the law under which it was incorporated and wherever that person or body may be.

(2) Nothing in this article shall be construed as extending to make any person guilty of anoVence in any case in which it is provided by section 3(1) of the British Nationality Act 1948(b)that that person shall not be guilty of an oVence.

Aircraft in transit over certain United Kingdom territorial waters

150.—(1) Where an aircraft, not being an aircraft registered in the United Kingdom, is flyingover the territorial waters adjacent to the United Kingdom within part of a strait referred to inparagraph (4) solely for the purpose of continuous and expeditious transit of the strait, only thefollowing articles and Schedules shall apply to that aircraft: article 20 and Schedule 5, to theextent necessary for the monitoring of the appropriate distress radio frequency, article 95(2),(3) and (4), together with the regulations made thereunder, article 148, article 153 and Part Aof Schedule 14.

(2) The powers conferred by the provisions referred to in paragraph (1) shall not be exercisedin a way which would hamper the transit of the strait by an aircraft not registered in the UnitedKingdom, but without prejudice to action needed to secure the safety of aircraft.

(3) In this article ‘transit of the strait’ means overflight of the strait from an area of high seasat one end of the strait to an area of high seas at the other end, or flight to or from an area ofhigh seas over some part of the strait for the purpose of entering, leaving or returning from aState bordering the strait and ‘an area of high seas’ means any area outside the territorial watersof any State.

(4) The parts of the straits to which this article applies are specified in Schedule 15.

a)( Paragraph 6 of Part III of Schedule 13 to the Civil Aviation Act 1982 authorises the inclusion in an Air NavigationOrder of certain extra-territorial provisions.

b)( 1948 c. 56. Section 3(1) limits the criminal liability of certain persons who are not citizens of the United Kingdom andcolonies.

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Application of Order to British-controlled aircraft registered elsewhere than in the UnitedKingdom

151. The CAA may direct that such of the provisions of this Order and of any regulationsmade or having eVect thereunder as may be specified in the direction shall have eVect as ifreference in those provisions to aircraft registered in the United Kingdom included referencesto the aircraft specified in the direction, being an aircraft registered elsewhere than in the UnitedKingdom but for the time being under the management of a person who, or of persons each ofwhom, is qualified to hold a legal or beneficial interest by way of ownership in an aircraftregistered in the United Kingdom.

Application of Order to the Crown and visiting forces, etc.

152.—(1) Subject to the provisions of this article, the provisions of this Order shall apply toor in relation to aircraft belonging to or exclusively employed in the service of Her Majesty asthey apply to or in relation to other aircraft.

(2) For the purposes of such application, the Department or other authority for the timebeing responsible on behalf of Her Majesty for the management of the aircraft shall be deemedto be the operator of the aircraft and, in the case of an aircraft belonging to Her Majesty, to bethe owner of the interest of Her Majesty in the aircraft.

(3) Nothing in this article shall render liable to any penalty any Department or otherauthority responsible on behalf of Her Majesty for the management of any aircraft.

(4) Save as otherwise expressly provided the naval, military and air force authorities andmembers of any visiting force and any international headquarters and the members andproperty held or used for the purpose of such a force or headquarters shall be exempt from theprovisions of this Order and of any regulations made thereunder to the same extent as if thatforce or headquarters formed part of the forces of Her Majesty raised in the United Kingdomand for the time being serving there.

(5) Save as otherwise provided by paragraph (6), article 80(5) and (12), article 81(3), article95(1)(a) and article 131, nothing in this Order shall apply to or in relation to any militaryaircraft.

(6) Where a military aircraft is flown by a civilian pilot and is not commanded by a personwho is acting in the course of his duty as a member of any of Her Majesty’s naval, military orair forces or as a member of a visiting force or international headquarters, the followingprovisions of this Order shall apply on the occasion of that flight, that is to say, articles 73, 74,75 and 96 and in addition article 95 (so far as applicable) shall apply unless the aircraft is flownin compliance with Military Flying Regulations (Joint Service Publication 550) or FlyingOrders to Contractors (Aviation Publication 67) issued by the Secretary of State.

Exemption from Order

153. The CAA may exempt from any of the provisions of this Order (other than article 85,87, 93, 138, 139, 140, 141 or 154) or any regulations made thereunder, any aircraft or personsor classes of aircraft or persons, either absolutely or subject to such conditions as it thinks fit.

Appeal to County Court or SheriV Court

154.—(1) Subject to paragraphs (2), (3) and (4), an appeal shall lie to a county court fromany decision of the CAA that a person is not a fit person to hold a licence to act as—

(a) an aircraft maintenance engineer;

(b) a member of the flight crew of an aircraft;

(c) an air traYc controller;

(d) a student air traYc controller; or

(e) a flight information service oYcer;

and if the court is satisfied that on the evidence submitted to the CAA it was wrong in sodeciding, the court may reverse the CAA’s decision and the CAA shall give eVect to the court’sdetermination.

(2) An appeal shall not lie from a decision of the CAA that a person is not qualified to holdthe licence by reason of a deficiency in his knowledge, experience, competence, skill, physicalor mental fitness.

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(3) If the appellant resides or has his registered or principal oYce in Scotland the appeal shalllie to the sheriV within whose jurisdiction he resides and the appeal shall be brought within 21days from the date of the CAA’s decision or within such further period as the sheriV may in hisdiscretion allow.

(4) Notwithstanding any provision to the contrary in rules governing appeals to a countycourt in Northern Ireland, if the appellant resides or has his registered or principal oYce inNorthern Ireland the appeal shall lie to the county court held under the County Courts(Northern Ireland) Order 1980(a).

(5) The CAA shall be a respondent to any appeal under this article.

(6) For the purposes of any provision relating to the time within which an appeal may bebrought, the CAA’s decision shall be deemed to have been taken on the date on which the CAAfurnished a statement of its reasons for the decision to the applicant for the licence, or as thecase may be, the holder or former holder of it.

(7) In the case of an appeal to the sheriV—

(a) the sheriV may, if he thinks fit, and shall on the application of any party, appoint oneor more persons of skill and experience in the matter to which the proceedings relateto act as assessor, but where it is proposed to appoint any person as an assessorobjection to him either personally or in respect of his qualification may be stated byany party to the appeal and shall be considered and disposed of by the sheriV;

(b) the assessors for each sheriVdom shall be appointed from a list of persons approvedfor the purposes by the sheriV principal and such a list—

(i) shall be published in such manner as the sheriV principal shall direct; and

(ii) shall be in force for 3 years only, but persons entered in any such list may be againapproved in any subsequent list; it shall be lawful for the sheriV principal to deferthe preparation of such a list until application has been made to appoint anassessor in an appeal in one of the courts in his sheriVdom;

(c) the sheriV before whom an appeal is heard with the assistance of an assessor shallmake a note of any question submitted by him to such assessor and of the answerthereto;

(d) an appeal shall lie on a point of law from any decision of a sheriV under this articleto the Court of Session.

Interpretation

155.—(1) In this Order—

‘A Conditions’ means the conditions so entitled set out in paragraph 1 of Part A ofSchedule 3;

‘Accident prevention and flight safety programme’ means a programme designed to detectand eliminate or avoid hazards in order to improve the safety of flight operations;

‘Aerial work’ has the meaning assigned to it by article 157;

‘Aerial work aircraft’ means an aircraft (other than a public transport aircraft) flying, orintended by the operator to fly, for the purpose of aerial work;

‘Aerial work undertaking’ means an undertaking whose business includes theperformance of aerial work;

‘Aerobatic manoeuvres’ includes loops, spins, rolls, bunts, stall turns, inverted flying andany other similar manoeuvre;

‘Aerodrome’ means any area of land or water designed, equipped, set apart or commonlyused for aVording facilities for the landing and departure of aircraft and includes any areaor space, whether on the ground, on the roof of a building or elsewhere, which is designed,equipped or set apart for aVording facilities for the landing and departure of aircraftcapable of descending or climbing vertically, but shall not include any area the use ofwhich for aVording facilities for the landing and departure of aircraft has been abandonedand has not been resumed;

a)( S.I. 1980/397 (N.I. 3).

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‘Aerodrome control service’ means an air traYc control service for any aircraft on themanoeuvring area or apron of the aerodrome in respect of which the service is beingprovided or which is flying in, or in the vicinity of, the aerodrome traYc zone of thataerodrome by visual reference to the surface or any aircraft transferred from approachcontrol in accordance with procedures approved by the CAA;

‘Aerodrome operating minima’ in relation to the operation of an aircraft at an aerodromemeans the cloud ceiling and runway visual range for take-oV, and the decision height orminimum descent height, runway visual range and visual reference for landing, which arethe minimum for the operation of that aircraft at that aerodrome;

‘Aerodrome traYc zone’ has the meaning assigned to it by article 156;

‘Aeronautical beacon’ means an aeronautical ground light which is visible eithercontinuously or intermittently to designate a particular point on the surface of the earth;

‘Aeronautical ground light’ means any light specifically provided as an aid to airnavigation, other than a light displayed on an aircraft;

‘Aeronautical radio station’ means a radio station on the surface, which transmits orreceives signals for the purpose of assisting aircraft;

‘Air control’ means an aerodrome control service excluding that part of the aerodromecontrol service provided by ground movement control;

‘Air/ground communications service’ means a service provided from an aerodrome to giveinformation to pilots of aircraft flying in the vicinity of the aerodrome by means of radiosignals and ‘air/ground communications service unit’ shall be construed accordingly;

‘Air traYc control service’ means the giving of instructions, advice or information bymeans of radio signals to aircraft in the interests of safety;

‘Air traYc control unit’ means a person appointed by a person maintaining an aerodromeor place to provide an air traYc control service;

‘Air traYc service equipment’ means ground based equipment, including an aeronauticalradio station, used or intended to be used in connection with the provision of a service toan aircraft in flight or on the ground which equipment is not otherwise approved by orunder this Order but excluding—

(a) any public electronic communications network; and

(b) any equipment in respect of which the CAA has made a direction that it shall bedeemed not to be air traYc service equipment for the purposes of articles 124 and 125;

‘Air transport undertaking’ means an undertaking whose business includes theundertaking of flights for the purpose of the public transport of passengers or cargo;

‘Alternate aerodrome’ means an aerodrome to which an aircraft may proceed when itbecomes either impossible or inadvisable to proceed to or to land at the aerodrome ofintended landing;

‘Altitude hold and heading mode’ mean aircraft autopilot functions which enable theaircraft to maintain an accurate height and an accurate heading;

‘Annual costs’ in relation to the operation of an aircraft means the best estimatereasonably practicable at the time of a particular flight in respect of the year commencingon the first day of January preceding the date of the flight, of the costs of keeping andmaintaining and the indirect costs of operating the aircraft, such costs in either caseexcluding direct costs and being those actually and necessarily incurred without a viewto profit;

‘Annual flying hours’ means the best estimate reasonably practicable at the time of aparticular flight by an aircraft of the hours flown or to be flown by the aircraft in respectof the year commencing on the first day of January preceding the date of the flight;

‘Approach control service’ means an air traYc control service for any aircraft which is notreceiving an aerodrome control service, which is flying in, or in the vicinity of theaerodrome traYc zone of the aerodrome in respect of which the service is being provided,whether or not the aircraft is flying by visual reference to the surface;

‘Approach to landing’ means that portion of the flight of the aircraft, when approachingto land, in which it is descending below a height of 1,000 feet above the relevant specifieddecision height or minimum descent height;

‘Appropriate aeronautical radio station’ means in relation to an aircraft an aeronauticalradio station serving the area in which the aircraft is for the time being;

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‘Appropriate air traYc control unit’ means in relation to an aircraft either the air traYccontrol unit serving the area in which the aircraft is for the time being or the air traYccontrol unit serving the area which the aircraft intends to enter and with which unit theaircraft is required to communicate prior to entering that area, as the context requires;

‘Apron’ means the part of an aerodrome provided for the stationing of aircraft for theembarkation and disembarkation of passengers, for loading and unloading of cargo andfor parking;

‘Area control centre’ means an air traYc control unit established to provide an areacontrol service to aircraft flying within a notified flight information region which are notreceiving an aerodrome control service or an approach control service;

‘Area control service’ means an air traYc control service for any aircraft which is flyingneither in nor in the vicinity of an aerodrome traYc zone;

‘Area navigation equipment’ means equipment carried on board an aircraft which enablesthe aircraft to navigate on any desired flight path within the coverage of appropriateground based navigation aids or within the limits of that on-board equipment or acombination of the two;

‘Authorised person’ means—

(a) any constable;

(b) in article 144(3) and (4) any person authorised by the Secretary of State (whether byname, or by class or description) either generally or in relation to a particular case orclass of cases; and

(c) in article 144(1) and (2) and in any article other than article 144, any person authorisedby the CAA (whether by name or by class or description) either generally or in relationto a particular case or class of cases;

‘B Conditions’ means the conditions so entitled set out in paragraph 2 of Part A ofSchedule 3;

‘Basic EASA Regulation’ means Regulation (EC) No. 1592/2002 of the EuropeanParliament and of the Council of 15th July 2002 on common rules in the field of civilaviation and establishing a European Aviation Safety Agency(a);

‘Beneficial interest’ includes interests arising under contract and other equitable interests;

‘Cabin crew’ in relation to an aircraft means those persons on a flight for the purpose ofpublic transport carried for the purpose of performing in the interests of the safety ofpassengers duties to be assigned by the operator or the commander of the aircraft but whoshall not act as a member of the flight crew;

‘British protected person’ has the same meaning as in section 50 of the British NationalityAct 1981(b);

‘Captive balloon’ means a balloon which when in flight is attached by a restraining deviceto the surface;

‘Captive flight’ means flight by an uncontrollable balloon during which it is attached tothe surface by a restraining device;

‘Cargo’ includes mail and (for the avoidance of doubt) animals;

‘Certificate of airworthiness’ includes in the case of a national certificate of airworthinessany flight manual, performance schedule or other document, whatever its title,incorporated by reference in that certificate relating to the certificate of airworthiness;

‘Certificate of maintenance review’ has the meaning assigned to it by article 14(1)(b);

‘Certificate of release to service issued under Part 145’ means a certificate of release toservice issued in accordance with Part 145;

‘Certificate of release to service issued under this Order’ means a certificate issued by aperson specified in article 16(11) which conforms with article 16(10);

‘Certificate of revalidation’ means a certificate issued in accordance with Section 2 of PartC of Schedule 8 for the purpose of maintaining the privileges of a flight crew licence;

‘Certificate of validation’ means a certificate issued by the CAA rendering valid for thepurposes of this Order a certificate of airworthiness or a permit to fly issued in respect ofan aircraft registered elsewhere than in the United Kingdom or a flight crew licencegranted under the law of a country other than the United Kingdom;

a)( O.J. No. L240 of 7.9.2002, p. 1 to which there are amendments not relevant to this Order.b)( 1981 c. 61.

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‘Certificate of validity’ means a certificate issued under article 11(6)(d) for the purpose ofmaintaining the validity of a permit to fly issued by the CAA;

‘Certificated for single pilot operation’ means an aircraft which is not required to carrymore than one pilot by virtue of any one or more of the following—

(a) the certificate of airworthiness duly issued or rendered valid under the law of thecountry in which the aircraft is registered or the related flight manual;

(b) if no certificate of airworthiness is required to be in force, the certificate ofairworthiness, if any, last in force in respect of the aircraft or the related flight manual;

(c) if no certificate of airworthiness is or has previously been in force but the aircraft isidentical in design with an aircraft in respect of which such a certificate is or has beenin force, the certificate of airworthiness which is or has been in force in respect of suchan identical aircraft or the related flight manual; or

(d) in the case of an aircraft flying in accordance with the conditions of a permit to flyissued by the CAA, that permit to fly;

‘Class A airspace’, ‘Class B airspace’, ‘Class C airspace’, ‘Class D airspace’ and ‘Class Eairspace’ mean airspace respectively notified as such;

‘Class rating’ in respect of aeroplanes has the meaning specified in paragraph 1.220 ofSection 1 of JAR-FCL 1;

‘Cloud ceiling’ in relation to an aerodrome means the vertical distance from the elevationof the aerodrome to the lowest part of any cloud visible from the aerodrome which issuYcient to obscure more than one-half of the sky so visible;

‘Commander’ in relation to an aircraft means the member of the flight crew designated ascommander of that aircraft by the operator, or, failing such a person, the person who isfor the time being the pilot in command of the aircraft;

‘the Commonwealth’ means the United Kingdom, the Channel Islands, the Isle of Man,the countries mentioned in Schedule 3 to the British Nationality Act 1981(a) and all otherterritories forming part of Her Majesty’s dominions or in which Her Majesty hasjurisdiction and ‘Commonwealth citizen’ shall be construed accordingly;

‘Competent authority’ means, subject to article 167 in relation to the United Kingdom,the CAA, and in relation to any other country the authority responsible under the law ofthat country for promoting the safety of civil aviation;

‘Conditional sale agreement’ has the same meaning as in section 189 of the ConsumerCredit Act 1974(b);

‘Congested area’ in relation to a city, town or settlement, means any area which issubstantially used for residential, industrial, commercial or recreational purposes;

‘Contracting State’ means any State (including the United Kingdom) which is party to theChicago Convention;

‘Controllable balloon’ means a balloon, not being a small balloon, which is capable of freecontrolled flight;

‘Controlled airspace’ means airspace which has been notified as Class A, Class B, Class C,Class D or Class E airspace;

‘Control area’ means controlled airspace which has been further notified as a control areaand which extends upwards from a notified altitude or flight level;

‘Control zone’ means controlled airspace which has been further notified as a control zoneand which extends upwards from the surface;

‘Co-pilot’ in relation to an aircraft means a pilot who in performing his duties as such issubject to the direction of another pilot carried in the aircraft;

‘Country’ includes a territory;

‘Crew’ means a member of the flight crew, a person carried on the flight deck who isappointed by the operator of the aircraft to give or to supervise the training, experience,practice and periodical tests required in respect of the flight crew under article 42(3) or amember of the cabin crew;

‘Critical power unit’ means the power unit whose failure would most adversely aVect theperformance or handling qualities of an aircraft;

a)( 1981 c. 61; as amended by S.I. 1983/882; S.I. 1983/892; S.I. 1983/1699; the Brunei and Maldives Act 1985, section 1 andSchedule para 8; S.I. 1989/1331; S.I. 1990/1502; S.I. 1994/1634 and S.I. 1998/3161.

b)( 1974 c. 39.

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‘Danger Area’ means airspace which has been notified as such within which activitiesdangerous to the flight of aircraft may take place or exist at such times as may be notified;

‘Decision height’ in relation to the operation of an aircraft at an aerodrome means theheight in a precision approach at which a missed approach must be initiated if the requiredvisual reference to continue that approach has not been established;

‘Declared distances’ has the meaning which has been notified;

‘Designated required navigation performance airspace’ means airspace which has beennotified, prescribed or otherwise designated by the competent authority for the airspaceas requiring specified navigation performance capabilities to be met by aircraft flyingwithin it;

‘Direct costs’ means, in respect of a flight, the costs actually and necessarily incurred inconnection with that flight without a view to profit but excluding any remunerationpayable to the pilot for his services as such;

‘Director’ has the same meaning as in section 53(1) of the Companies Act 1989(a);

‘Disidentification’ means removing from reports submitted all personal details pertainingto the reporter and technical details which might lead to the identity of the reporter, or ofthird parties, being inferred from the information;

‘EASA’ means the European Aviation Safety Agency;

‘EASA aircraft’ means an aircraft which is required by virtue of the Basic EASARegulation and any implementing rules adopted by the Commission in accordance withthat Regulation to hold an EASA certificate of airworthiness, an EASA restrictedcertificate of airworthiness or an EASA permit to fly;

‘EASA certificate of airworthiness’ means a certificate of airworthiness issued in respectof an EASA aircraft under and in accordance with subpart H of Part 21;

‘EASA permit to fly’ means a permit to fly issued in respect of an EASA aircraft under andin accordance with subpart H of Part 21;

‘EASA restricted certificate of airworthiness’ means a restricted certificate ofairworthiness issued in respect of an EASA aircraft under and in accordance with subpartH of Part 21;

‘European Aviation Safety Agency’ means the Agency established under the Basic EASARegulation;

‘Flight’ and ‘to fly’ have the meanings respectively assigned to them by paragraph (2);

‘Flight check’ means a check carried out by an aircraft in flight of the accuracy andreliability of signals transmitted by an aeronautical radio station;

‘Flight crew’ in relation to an aircraft means those members of the crew of the aircraft whorespectively undertake to act as pilot, flight navigator, flight engineer and flightradiotelephony operator of the aircraft;

‘Flight data monitoring programme’ means a programme of analysing recorded flightdata in order to improve the safety of flight operations;

‘Flight information service’ means—

(a) in the case of an aerodrome—

(i) the giving of information by means of radio signals to aircraft flying in orintending to fly within the aerodrome traYc zone of that aerodrome; and

(ii) the grant or refusal of a permission under Rule 35 or 36(2) of the Rules of the AirRegulations 1996(b);

(b) in the case of an area control centre, the giving of information by means of radiosignals to aircraft;

and ‘aerodrome flight information service’ shall be construed accordingly;

‘Flight information service unit’ means a person appointed by the CAA or by any otherperson maintaining an aerodrome or area control centre to provide a flight informationservice and

‘aerodrome flight information service unit’ shall be construed accordingly;

a)( 1989 c. 40.b)( S.I. 1996/1393.

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‘Flight level’ means one of a series of levels of equal atmospheric pressure, separated bynotified intervals and each expressed as the number of hundreds of feet which would beindicated at that level on a pressure altimeter calibrated in accordance with theInternational Standard Atmosphere and set to 1013.2 hectopascals;

‘Flight manual’ means a document provided for an aircraft stating the limitations withinwhich the aircraft is considered airworthy as defined by the appropriate airworthinessrequirements, and additional instructions and information necessary for the safeoperation of the aircraft;‘Flight recording system’ means a system comprising either a flight data recorder or acockpit voice recorder or both;

‘Flight simulator’ means apparatus by means of which flight conditions in an aircraft aresimulated on the ground;

‘Flight visibility’ means the visibility forward from the flight deck of an aircraft in flight;

‘Flying display’ means any flying activity deliberately performed for the purpose ofproviding an exhibition or entertainment at an advertised event open to the public;

‘Flying machine’ means an aeroplane, a powered lift tilt rotor aircraft, a self-launchingmotor glider, a helicopter or a gyroplane;

‘Free balloon’ means a balloon which when in flight is not attached by any form ofrestraining device to the surface;

‘Free controlled flight’ means flight during which a balloon is not attached to the surfaceby any form of restraining device (other than a tether not exceeding 5 metres in lengthwhich may be used as part of the take-oV procedure) and during which the height of theballoon is controllable by means of a device attached to the balloon and operated by thecommander of the balloon or by remote control;

‘General lighthouse authority’ has the same meaning as in section 193 of the MerchantShipping Act 1995(a);

‘Glider’ means—

(a) a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly fromaerodynamic reactions on surfaces which remain fixed under given conditions offlight;

(b) a self-sustaining glider; and

(c) a self-propelled hang-glider;

and a reference in this Order to a glider shall include a reference to a self-sustaining gliderand a self-propelled hang-glider;

‘Government aerodrome’ means any aerodrome in the United Kingdom which is in theoccupation of any Government Department or visiting force;

‘Ground movement control’ means that part of an aerodrome control service provided toan aircraft while it is on the manoeuvring area or apron of an aerodrome;

‘Hire-purchase agreement’ has the same meaning as in section 189 of the Consumer CreditAct 1974;

‘Holding’ means, in respect of an aircraft approaching an aerodrome to land, a manoeuvrein the air which keeps that aircraft within a specified volume of airspace;

‘Instructor’s rating’ means a flying instructor’s rating, an assistant flying instructor’srating, a flight instructor rating (aeroplane), a flight instructor rating (helicopter), a typerating instructor rating (multi-pilot aeroplane), a type rating instructor rating (helicopter),a class rating instructor rating (single pilot aeroplane), an instrument rating instructorrating (aeroplane) or an instrument rating instructor rating (helicopter);

‘Instrument Flight Rules’ means Instrument Flight Rules prescribed by Section VI of theRules of the Air Regulations 1996(b);

‘Instrument Landing System’ means a ground-based radio system designed to transmitradio signals at very high frequency and ultra high frequency that allow the pilot of anaircraft to accurately determine the aircraft’s position relative to a defined approach pathwhilst carrying out an approach to land;

‘Instrument Meteorological Conditions’ means weather precluding flight in compliancewith the Visual Flight Rules;

a)( 1995 c. 21.b)( S.I. 1996/1393.

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‘International headquarters’ means an international headquarters designated by Order inCouncil under section 1 of the International Headquarters and Defence OrganisationsAct 1964(a);

‘JAA’ means the Joint Aviation Authorities, an associated body of the European CivilAviation Conference;

‘JAA Full Member State’ means a State which is a full member of the JAA;

‘JAA licence’ means a flight crew licence granted under JAR-FCL 1 or 2 by the competentauthority of a JAA Full Member State in accordance with a procedure which has beenassessed as satisfactory following an inspection by a licensing and a medicalstandardisation team of the JAA;

‘JAR-FCL 1’ means the Joint Aviation Requirement of the JAA bearing that titleincluding Amendment 3 adopted by the JAA on 1st July 2003;

‘JAR-FCL 2’ means the Joint Aviation Requirement of the JAA bearing that titleincluding Amendment 3 adopted by the JAA on 1st September 2003;

‘JAR-FCL licence’ means a licence included in Section 2 of Part A of Schedule 8;

‘JAR-OPS 1’ means the Joint Aviation Requirement of the JAA bearing that titleincluding Amendment 7 adopted by the JAA on 1st September 2004;

‘JAR-OPS 3’ means the Joint Aviation Requirement of the JAA bearing that titleincluding Amendment 4 adopted by the JAA on 1st April 2004;

‘Kg’ means kilogramme or kilogrammes as the context requires;

‘Km’ means kilometre or kilometres as the context requires;

‘To land’ in relation to aircraft includes alighting on the water;

‘Landing Decision Point’ means the latest point in the course of a landing at which,following recognition of a power unit failure, the helicopter will be able to safely abort thelanding and perform a go-around;

‘Large rocket’ means a rocket of which the total impulse of the motor or combination ofmotors is more than 10,240 Newton-seconds;

‘Legal personal representative’ means the person so constituted executor, administrator,or other representative, of a deceased person;

‘Let down’ means, in respect of an aircraft approaching an aerodrome to land a definedprocedure designed to enable an aircraft safely to descend to a point at which it cancontinue the approach visually;

‘Licence’ in relation to a flight crew licence includes any certificate of competency orcertificate of validity or revalidation issued with the licence or required to be held inconnection with the licence by the law of the country in which the licence is granted;

‘Licence for public use’ has the meaning assigned to it by article 128(2);

‘Licensed aerodrome’ means an aerodrome licensed under this Order;

‘Lifejacket’ includes any device designed to support a person individually in or on thewater;

‘Log book’ in the case of an aircraft log book, engine log book or variable pitch propellerlog book, or personal flying log book, includes a record kept either in a book, or by anyother means approved by the CAA in the particular case;

‘Maintenance’ means in relation to an aircraft any one or combination of overhaul, repair,inspection, replacement, modification or defect rectification of an aircraft or component,with the exception of pre-flight inspection;

‘Manoeuvring area’ means the part of an aerodrome provided for the take-oV and landingof aircraft and for the movement of aircraft on the surface, excluding the apron and anypart of the aerodrome provided for the maintenance of aircraft;

‘Maximum approved passenger seating configuration’ means—

(a) in the case of an aircraft to which article 38 applies the maximum approved passengerseating configuration specified in the operations manual of the aircraft; and

(b) in any other case, the maximum number of passengers which may be carried in theaircraft under and in accordance with its certificate of airworthiness, its flight manualand this Order;

a)( 1964 c. 5.

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‘Maximum total weight authorised’ in relation to an aircraft means the maximum totalweight of the aircraft and its contents at which the aircraft may take oV anywhere in theworld, in the most favourable circumstances in accordance with the certificate ofairworthiness in force in respect of the aircraft;

‘Medical attendant’ means a person carried on a flight for the purpose of attending to anyperson in the aircraft in need of medical attention, or to be available to attend to such aperson;

‘Medium intensity steady red light’ means a red light which complies with thecharacteristics described for a medium intensity Type C light as specified in Volume 1(Aerodrome Design and Operations) of Annex 14 (Fourth Edition July 2004) to theChicago Convention;

‘Microlight aeroplane’ means an aeroplane designed to carry not more than two personswhich has—

(a) a maximum total weight authorised not exceeding—

(i) 300 kg for a single seat landplane, (or 390 kg for a single seat landplane in respectof which a permit to fly or certificate of airworthiness issued by the CAA was inforce prior to 1st January 2003);

(ii) 450 kg for a two seat landplane;

(iii) 330 kg for a single seat amphibian or floatplane; or

(iv) 495 kg for a two seat amphibian or floatplane; and

(b) a stalling speed at the maximum total weight authorised not exceeding 35 knotscalibrated airspeed;

‘Microwave Landing System’ means a ground-based radio system designed to transmitradio signals at super high frequency that allow the pilot of an aircraft to accuratelydetermine the aircraft’s position within a defined volume of airspace whilst carrying outan approach to land;

‘Military aircraft’ means the naval, military or air force aircraft of any country and—

(a) any aircraft being constructed for the naval, military or air force of any country undera contract entered into by the Secretary of State; and

(b) any aircraft in respect of which there is in force a certificate issued by the Secretary ofState that the aircraft is to be treated for the purposes of this Order as a militaryaircraft;

‘Military rocket’ means—

(a) any rocket being constructed for the naval, military or air force of any country undera contract entered into by the Secretary of State; and

(b) any rocket in respect of which there is in force a certificate issued by the Secretary ofState that the rocket is to be treated for the purposes of this Order as a military rocket;

‘Minimum descent height’ in relation to the operation of an aircraft at an aerodromemeans the height in a non-precision approach below which descent may not be madewithout the required visual reference;

‘Multi-crew co-operation’ means the functioning of the flight crew as a team of co-operating members led by the pilot in command;

‘National certificate of airworthiness’ means a certificate of airworthiness issued underand in accordance with Part 3 of this Order and which is not an EASA certificate ofairworthiness;

‘National permit to fly’ means a permit to fly issued under and in accordance with Part 3of this Order and which is not an EASA permit to fly;

‘Nautical mile’ means the International Nautical Mile, that is to say, a distance of 1,852metres;

‘Night’ means the time from half an hour after sunset until half an hour before sunrise(both times inclusive), sunset and sunrise being determined at surface level;

‘Non-EASA aircraft’ means an aircraft which is not required by virtue of the Basic EASARegulation and any implementing rules adopted by the Commission in accordance withthat Regulation to hold an EASA certificate of airworthiness, an EASA restrictedcertificate of airworthiness or an EASA permit to fly; and a non-EASA balloon, a non-EASA glider and a non-EASA kite shall be construed accordingly;

‘Non-precision approach’ means an instrument approach using non-visual aids forguidance in azimuth or elevation but which is not a precision approach;

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‘Non-revenue flight’ means—

(a) in the case of a flight by an aeroplane, any flight which the holder of a UnitedKingdom Private Pilot’s Licence (Aeroplanes) may undertake under paragraph (2)(a)and (b) of the privileges of that licence set out in Section 1 of Part A of Schedule 8;

(b) in the case of a flight by a helicopter, any flight which the holder of a United KingdomPrivate Pilot’s Licence (Helicopters) may undertake under paragraph (2)(a) and (b)of the privileges of that licence set out in Section 1 of Part A of Schedule 8; and

(c) in the case of a flight by a gyroplane, any flight which the holder of a United KingdomPrivate Pilot’s Licence (Gyroplanes) may undertake under paragraph (2)(a) and (b)of the privileges of that licence set out in Section 1 of Part A of Schedule 8;

‘North Atlantic Minimum Navigation Performance Specification airspace’ means theairspace prescribed as such;

‘Notified’ means set out with the authority of the CAA in a document published by orunder an arrangement entered into with the CAA and entitled ‘United Kingdom Notam’or ‘Air Pilot’ and for the time being in force;

‘Notified aerodrome’ means an aerodrome which is notified for the purposes of rule 39 ofthe Rules of the Air Regulations 1996(a);

‘Obstacle limitation surfaces’ has the same meaning as in the document entitled ‘CAP 168Licensing of aerodromes’ published by the CAA in May 2004;

‘Occurrence’ means an operational interruption, defect, fault or other irregularcircumstance that has or may have influenced flight safety and that has not resulted in anaccident or serious incident as those terms are defined in regulation 2 of the Civil Aviation(Investigation of Air Accidents and Incidents) Regulations 1996(b);

‘OVshore service’ means an air traYc control service for any aircraft flying to or fromoVshore oil and gas installations and for other aircraft operating in the vicinity of theseaircraft in airspace specified for this purpose in the manual of air traYc services;

‘Operating staV’ means the servants and agents employed by an operator an aircraft,whether or not as members of the crew, to ensure that flights of the aircraft are conductedin a safe manner, and includes an operator who himself performs those functions;

‘Operational position’ means a position provided and equipped for the purpose ofproviding a particular type of air traYc control service;

‘Operator’ has the meaning assigned to it by paragraph (3);

‘Parascending parachute’ means a parachute which is towed by cable in such a manner asto cause it to ascend;

‘Part 21’ means the annex so entitled to Commission Regulation (EC) No. 1702/2003 (c);‘Part 66’ means annex III so entitled to Commission Regulation (EC) No. 2042/2003(d);

‘Part 145’ means annex II so entitled to Commission Regulation (EC) No. 2042/2003;

‘Part 147’ means annex IV so entitled to Commission Regulation (EC) No. 2042/2003;

‘Part M’ means annex I so entitled to Commission Regulation (EC) No. 2042/2003;

‘Passenger’ means a person other than a member of the crew;

‘Performance Class 1 operations’ means flights where, in the event of the failure of a powerunit, the helicopter will be able to safely continue the flight and land at an appropriatelanding area unless the power unit failure recognition occurs during take-oV at or prior toreaching the take-oV decision point in which case the helicopter will be able to safely landback within the area from which it has taken oV;

‘Performance Class 2 operations’ means flights where, in the event of the failure of a powerunit, the helicopter will be able to safely continue the flight to an appropriate landing areaor, where the failure occurs at a point during the take-oV manoeuvre or the landingmanoeuvre when it cannot do so, the helicopter will be able to carry out a forced landing;

a)( S.I. 1996/1393.b)( S.I. 1996/2798.c)( O.J. No. L 243, 27.9.2003, p. 6—Commission Regulation of 24th September 2003 laying down implementing rules for

the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as forthe certification of design and production organisations, to which there are amendments not relevant to this Order.

d)( O.J. No. L 315, 28.11.2003, p. 1—Commission Regulation of 20th November 2003 on the continuing airworthiness ofaircraft and aeronautical products, parts and appliances, and on the approval of organisations ond personnel involvedin these tasks, to which there are amendments not relevant to this Order.

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‘Performance Class 3 operations’ means flights where, in the event of the failure of a powerunit at any time during the flight, the helicopter will be required to carry out a forcedlanding;

‘Period of duty’ means the period between the commencement and end of a shift duringwhich an air traYc controller performs, or could be called upon to perform, any of thefunctions specified in respect of a rating included in his licence;

‘Pilot in command’ in relation to an aircraft means a person who for the time being is incharge of the piloting of the aircraft without being under the direction of any other pilotin the aircraft;

‘Police air operator’s certificate’ means a certificate granted by the CAA under article 7(4);

‘Police authority’ means a Chief OYcer of police for any area of England or Wales, a ChiefConstable for any area of Scotland and the Chief Constable of the Northern IrelandPolice Service;

‘Police oYcer’ means any person who is a member of a police force or of the NorthernIreland Police Service (including, for the avoidance of doubt, the Northern Ireland PoliceService Reserve), and any special constable;

‘Pre-flight inspection’ means the inspection carried out before flight to ensure that theaircraft is fit for the intended flight;

‘Precision approach’ means an instrument approach using an Instrument LandingSystem, Microwave Landing System or precision approach radar for guidance in bothazimuth and elevation;

‘Precision approach radar’ means radar equipment designed to enable an air traYccontroller to determine accurately an aircraft’s position whilst it is carrying out anapproach to land so that the air traYc controller can provide instructions and guidanceto the pilot to enable him to manoeuvre the aircraft relative to a defined approach path;

‘Pressurised aircraft’ means an aircraft provided with means of maintaining in anycompartment a pressure greater than that of the surrounding atmosphere;

‘Private aircraft’ means an aircraft which is neither an aerial work nor a publictransport aircraft;

‘Private flight’ means a flight which is neither for the purpose of aerial work nor publictransport;

‘Proficiency check’ has the meaning specified in paragraph 1.001 of Section 1 of JAR-FCL 1 in respect of aeroplanes and paragraph 2.001 of Section 1 of JAR-FCL 2 in respectof helicopters;

‘Public electronic communications network’ has the same meaning as in section 151 of theCommunications Act 2003(a);

‘Public transport’ has the meaning assigned to it by article 157;

‘Public transport aircraft’ means an aircraft flying, or intended by the operator of theaircraft to fly, for the purpose of public transport;

‘Record’ has the same meaning as in section 81(6) of the Transport Act 2000(b);

‘Reduced vertical separation minimum airspace’ means any airspace between flight level290 and flight level 410 inclusive designated by the relevant competent authority as beingairspace within which a vertical separation minimum of 1,000 feet or 300 metres shall beapplied;

‘Released flight’ means flight by an uncontrollable balloon during which it is not attachedto the surface by any form of restraining device;

‘Relevant overseas territory’ means any colony and any country or place outside HerMajesty’s dominions in which for the time being Her Majesty has jurisdiction;

‘Replacement’ in relation to any part of an aircraft or its equipment includes the removaland replacement of that part whether or not by the same part, and whether or not anywork is done on it, but does not include the removal and replacement of a part which isdesigned to be removable solely for the purpose of enabling another part to be inspected,repaired, removed or replaced or cargo to be loaded;

a)( 2003 c. 21.b)( 2000 c. 38.

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‘Rocket’ means a device which is propelled by ejecting expanding gasses generated in itsmotor from self contained propellant and which is not dependent on the intake of outsidesubstances and includes any part of the device intended to become separated duringoperation;

‘Runway visual range’ in relation to a runway means the distance in the direction of take-oV or landing over which the runway lights or surface markings may be seen from thetouchdown zone as calculated by either human observation or instruments in—

(a) the vicinity of the touchdown zone; or

(b) where this is not reasonably practicable, in the vicinity of the midpoint of the runway;

and the distance, if any, communicated to the commander of an aircraft by or on behalfof the person in charge of the aerodrome as being the runway visual range shall be takento be the runway visual range for the time being;

‘Scheduled journey’ means one of a series of journeys which are undertaken between thesame two places and which together amount to a systematic service;

‘Seaplane’ has the same meaning as in section 97 of the Civil Aviation Act 1982;

‘Sector’ means part of the airspace controlled from an area control centre or other place;

‘Self-launching motor glider’ means an aircraft with the characteristics of a non-power-driven glider, which is fitted with one or more power units and which is designed orintended to take oV under its own power;

‘Self-propelled hang-glider’ means an aircraft comprising an aerofoil wing and amechanical propulsion device which—

(a) is foot launched;

(b) has a stall speed or minimum steady flight speed in the landing configuration notexceeding 35 knots calibrated airspeed;

(c) carries a maximum of two persons;

(d) has a maximum fuel capacity of 10 litres; and

(e) has a maximum unladen weight, including full fuel, of 60 kg for single place aircraftand 70 kg for two place aircraft;

‘Self-sustaining glider’ means an aircraft with the characteristics of a non-power-drivenglider which is fitted with one or more power units capable of sustaining the aircraft inflight but which is not designed or intended to take oV under its own power;

‘Simple single engine aeroplane’ means for the purposes of the National Private Pilot’sLicence a single engine piston aeroplane with a maximum take oV weight authorised notexceeding 2,000 kg and which is not a microlight aeroplane or a self-launching motorglider;

‘Skill test’ has the meaning specified in paragraph 1.001 of Section 1 of JAR-FCL 1 inrespect of aeroplanes and paragraph 2.001 of Section 1 of JAR-FCL 2 in respect ofhelicopters;

‘SLMG’ means a self-launching motor glider;

‘Small aircraft’ means any unmanned aircraft, other than a balloon or a kite, weighing notmore than 20 kg without its fuel but including any articles or equipment installed in orattached to the aircraft at the commencement of its flight;

‘Small balloon’ means a balloon not exceeding 2 metres in any linear dimension at anystage of its flight, including any basket or other equipment attached to the balloon;

‘Small rocket’ means a rocket of which the total impulse of the motor or combination ofmotors does not exceed 10,240 Newton-seconds;

‘Special tasks service’ means an air traYc control service—

(a) for any aircraft flying for the purposes of research and development of aircraft,aircraft equipment or aircraft systems which is not flying in accordance with normalaviation practice; and

(b) for other aircraft in the vicinity of any such aircraft;

‘Special VFR flight’ means a flight which is a special VFR flight for the purposes of theRules of the Air Regulations 1996(a);

‘State aircraft’ means an aircraft engaged in military, customs, police or similar services;

a)( S.I. 1996/1393.

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‘State of design’ means the State having jurisdiction over the organisation responsible forthe type design of an aircraft;

‘State of the operator’ means the State in which the operator of an aircraft has his principalplace of business or, if he has no such place of business, his permanent residence, incircumstances where—

(a) that aircraft is registered in another Contracting State;

(b) the operator is operating that aircraft under an agreement for its lease, charter orinterchange or any similar arrangement;

(c) the State in which that aircraft is registered has, by agreement with the State in whichthe operator of the aircraft has his principal place of business or, if he has no suchplace of business, his permanent residence, agreed to transfer to it its functions andduties as State of registry in respect of that aircraft in relation to, in the case of article8(1), airworthiness, in the case of article 20(1), aircraft radio equipment, in the caseof article 26(3), flight crew licensing or, in the case of article 55(1), radio licensing; and

(d) the agreement has been registered with the Council of the International Civil AviationOrganisation or the existence and scope of the agreement have been directlycommunicated to the CAA;

‘Take-oV decision point’ means the latest point in the take-oV at which, followingrecognition of a power unit failure, the helicopter will be able to carry out a rejectedtake-oV;

‘Technical log’ means a record containing the information specified in paragraph 1.915 ofSection 2 of JAR-OPS 1;

‘Terminal control service’ means an air traYc control service for any aircraft flying in,departing or intending to fly within a terminal control area while it is in the terminalcontrol area or any sector adjacent thereto and is specified for this purpose in the manualof air traYc services;

‘Tethered flight’ means flight by a controllable balloon throughout which it is flown withinlimits imposed by a restraining device which attaches the balloon to the surface;

‘Touring motor glider’ has the meaning specified in paragraph 1.001 of Section 1 of JAR-FCL 1;

‘Type rating’ in respect of aeroplanes has the meaning specified in paragraph 1.215 ofSection 1 of JAR-FCL 1;

‘Type rating’ in respect of helicopters has the meaning specified in paragraph 2.215 ofSection 1 of JAR-FCL 2;

‘Uncontrollable balloon’ means a balloon, not being a small balloon, which is not capableof free controlled flight;

‘United Kingdom licence’ means a licence included in Section 1 of Part A of Schedule 8;

‘United Kingdom licence for which there is a JAR-FCL equivalent’ means the followinglicences included in Section 1 of Part A of Schedule 8—Private Pilot’s Licence (Aeroplanes);Commercial Pilot’s Licence (Aeroplanes);Airline Transport Pilot’s Licence (Aeroplanes);Private Pilot’s Licence (Helicopters);Commercial Pilot’s Licence (Helicopters and Gyroplanes);Airline Transport Pilot’s Licence (Helicopters and Gyroplanes);

‘United Kingdom licence for which there is no JAR-FCL equivalent’ means any licenceincluded in Section 1 of Part A of Schedule 8 other than any such licence which is a UnitedKingdom licence for which there is a JAR-FCL equivalent;

‘United Kingdom reduced vertical separation minimum airspace’ means United Kingdomairspace which has been notified as reduced vertical separation minimum airspace for thepurposes of article 58;

‘Valuable consideration’ means any right, interest, profit or benefit, forbearance,detriment, loss or responsibility accruing, given, suVered or undertaken under anagreement, which is of more than a nominal nature;

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‘Visiting force’ means any such body, contingent or detachment of the forces of anycountry as is a visiting force for the purpose of the provisions of the Visiting Forces Act1952(a)—

(a) which apply to that country by virtue of paragraph (a) of section 1(1) of that Act; or

(b) which from time to time apply to that country by virtue of paragraph (b) of the saidsection 1(1) and of any Order in Council made or hereafter to be made under the saidsection 1 designating that country for the purposes of all the provisions of that Actfollowing section 1(2) of that Act;

‘Visual Flight Rules’ means Visual Flight Rules prescribed by Section V of the Rules ofthe Air Regulations 1996(b);

‘Visual Meteorological Conditions’ means weather permitting flight in accordance withthe Visual Flight Rules.

(2) An aircraft shall be deemed to be in flight—

(a) in the case of a piloted flying machine, from the moment when, after the embarkationof its crew for the purpose of taking oV, it first moves under its own power until themoment when it next comes to rest after landing;

(b) in the case of a pilotless flying machine, or a glider, from the moment when it firstmoves for the purpose of taking oV until the moment when it next comes to restafter landing;

(c) in the case of an airship, from the moment when it first becomes detached from thesurface until the moment when it next becomes attached thereto or comes to restthereon;

(d) in the case of a free balloon, from the moment when the balloon, including the canopyand basket, becomes separated from the surface until the moment it next comes to restthereon; and

(e) in the case of a captive balloon, from the moment when the balloon, including thecanopy and basket, becomes separated from the surface, apart from a restrainingdevice attaching it to the surface, until the moment when it next comes to rest thereon;

and the expressions ‘a flight’ and ‘to fly’ shall be construed accordingly.

(3) Subject to paragraph (4), references in this Order to the operator of an aircraft are, for thepurposes of the application of any provision of this Order in relation to any particular aircraft,references to the person who at the relevant time has the management of that aircraft.

(4) For the purposes of the application of any provision in Part 3 of this Order, when byvirtue of any charter or other agreement for the hire or loan of an aircraft a person other thanan air transport undertaking or an aerial work undertaking has the management of that aircraftfor a period not exceeding 14 days, paragraph (3) shall have eVect as if that agreement had notbeen entered into.

(5) References in this Order to—

(a) a certificate of airworthiness include both a national certificate of airworthiness andan EASA certificate of airworthiness unless otherwise stated;

(b) an aircraft, aeroplane, powered lift tilt rotor aircraft, self-launching motor glider,helicopter, gyroplane, airship, balloon or kite include both EASA and non-EASAexamples unless otherwise stated.

(6) The expressions appearing in the ‘Classification of Aircraft’ in Part A of Schedule 2 shallhave the meanings thereby assigned to them.

Meaning of aerodrome traYc zone

156.—(1) The aerodrome traYc zone of a notified aerodrome which is not on an oVshoreinstallation and at which the length of the longest runway is notified as 1,850 metres or less shallbe, subject to paragraphs (2) and (5), the airspace extending from the surface to a height of 2,000feet above the level of the aerodrome within the area bounded by a circle centred on the notifiedmid-point of the longest runway and having a radius of 2 nautical miles.

a)( 1952 c. 67.b)( S.I. 1996/1393.

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(2) Where the aerodrome traYc zone specified in paragraph (1) would extend less than11/2 nautical miles beyond the end of any runway at the aerodrome and this paragraph isnotified as being applicable, the aerodrome traYc zone shall be that specified in paragraph (3)as though the length of the longest runway at the aerodrome were notified as greater than1,850 metres.

(3) The aerodrome traYc zone of a notified aerodrome which is not on an oVshoreinstallation and at which the length of the longest runway is notified as greater than 1,850metres shall be, subject to paragraph (5), the airspace extending from the surface to a height of2,000 feet above the level of the aerodrome within the area bounded by a circle centred on thenotified midpoint of the longest runway and having a radius of 21/2 nautical miles.

(4) The aerodrome traYc zone of a notified aerodrome which is on an oVshore installationshall be, subject to paragraph (5), the airspace extending from mean sea level to 2,000 feet abovemean sea level and within 11/2 nautical miles of the oVshore installation.

(5) The aerodrome traYc zone of a notified aerodrome shall exclude any airspace which iswithin the aerodrome traYc zone of another aerodrome which is notified for the purposes ofthis article as being the controlling aerodrome.

Public transport and aerial work—general rules

157.—(1) Subject to the provisions of this article and articles 158 to 163, aerial work meansany purpose (other than public transport) for which an aircraft is flown if valuableconsideration is given or promised in respect of the flight or the purpose of the flight.

(2) If the only such valuable consideration consists of remuneration for the services of thepilot the flight shall be deemed to be a private flight for the purposes of Part 3 of this Order.

(3) Subject to the provisions of this article and articles 158 to 163, an aircraft in flight shallfor the purposes of this Order be deemed to fly for the purpose of public transport—

(a) if valuable consideration is given or promised for the carriage of passengers or cargoin the aircraft on that flight;

(b) if any passengers or cargo are carried gratuitously in the aircraft on that flight by anair transport undertaking, not being persons in the employment of the undertaking(including, in the case of a body corporate, its directors and, in the case of the CAA,the members of the CAA), persons with the authority of the CAA either making anyinspection or witnessing any training, practice or test for the purposes of this Order,or cargo intended to be used by any such passengers as aforesaid, or by theundertaking; or

(c) for the purposes of Part 3 of this Order (other than articles 19(2) and 20(2)), if valuableconsideration is given or promised for the primary purpose of conferring on aparticular person the right to fly the aircraft on that flight (not being a single-seataircraft of which the maximum total weight authorised does not exceed 910 kg)otherwise than under a hire-purchase or conditional sale agreement.

(4) Notwithstanding that an aircraft may be flying for the purpose of public transport byreason of paragraph (3)(c), it shall not be deemed to be flying for the purpose of the publictransport of passengers unless valuable consideration is given or promised for the carriage ofthose passengers.

(5) A glider shall not be deemed to fly for the purpose of public transport for the purposesof Part 3 of this Order by virtue of paragraph (3)(c) if the valuable consideration given orpromised for the primary purpose of conferring on a particular person the right to fly the glideron that flight is given or promised by a member of a flying club and the glider is owned oroperated by that flying club.

(6) Notwithstanding the giving or promising of valuable consideration specified inparagraph (3)(c) in respect of the flight or the purpose of the flight it shall—

(a) subject to sub-paragraph (b), for all purposes other than Part 3 of this Order; and

(b) for the purposes of articles 19(2) and 20(2);be deemed to be a private flight.

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(7) Where under a transaction eVected by or on behalf of a member of an association ofpersons on the one hand and the association of persons or any member thereof on the otherhand, a person is carried in, or is given the right to fly, an aircraft in such circumstances thatvaluable consideration would be given or promised if the transaction were eVected otherwisethan aforesaid, valuable consideration shall, for the purposes of this Order, be deemed to havebeen given or promised, notwithstanding any rule of law as to such transactions.

(8) For the purposes of—

(a) paragraph (3)(a), there shall be disregarded any valuable consideration given orpromised in respect of a flight or the purpose of a flight by one company to anothercompany which is—

(i) its holding company;

(ii) its subsidiary; or

(iii) another subsidiary of the same holding company;

(b) this article “holding company” and “subsidiary” have the meanings respectivelyspecified in Section 736 of the Companies Act 1985(a).

Public transport and aerial work—exceptions—flying displays etc

158.—(1) A flight shall, for the purposes of Part 4 of this Order, be deemed to be a privateflight if—

(a) the flight is—

(i) wholly or principally for the purpose of taking part in an aircraft race, contestor flying display;

(ii) for the purpose of positioning the aircraft for such a flight as is specified in sub-paragraph (i) and is made with the intention of carrying out such a flight; or

(iii) for the purpose of returning after such a flight as is specified in sub-paragraph (i)to a place at which the aircraft is usually based; and

(b) the only valuable consideration in respect of the flight or the purpose of the flightother than—

(i) valuable consideration specified in article 157(3)(c); or

(ii) in the case of an aircraft owned in accordance with article 162(2), valuableconsideration which falls within article 162(3);

falls within paragraph (2)(a) or (2)(b) or both.

(2) Valuable consideration falls within this paragraph if it either is—

(a) that given or promised to the owner or operator of an aircraft taking part in such arace, contest or flying display and such valuable consideration does not exceed thedirect costs of the flight and a contribution to the annual costs of the aircraft whichcontribution shall bear no greater proportion to the total annual costs of the aircraftthan the duration of the flight bears to the annual flying hours of the aircraft; or

(b) one or more prizes awarded to the pilot in command of an aircraft taking part in anaircraft race or contest to a value which shall not exceed £500 in respect of any onerace or contest except with the permission of the CAA granted to the organiser of therace or contest; or falls within both sub-paragraphs (a) and (b).

(3) Any prize falling within paragraph (2)(b) shall be deemed for the purposes of this Ordernot to constitute remuneration for services as a pilot.

Public transport and aerial work—exceptions—charity flights

159.—(1) Subject to paragraph (2), a flight shall be deemed to be a private flight if the onlyvaluable consideration given or promised in respect of the flight or the purpose of the flightother than—

(a) valuable consideration specified in article 157(3)(c); or

a)( 1985 c. 6 as amended by section 144 of the Companies Act 1989 (c. 40).

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(b) in the case of an aircraft owned in accordance with article 162(2), valuableconsideration which falls within article 162(3);

is given or promised to a registered charity which is not the operator of the aircraft and the flightis made with the permission of the CAA and in accordance with any conditions thereinspecified.

(2) If valuable consideration specified in article 157(3)(c) is given or promised the flight shallfor the purposes of Part 3 of this Order (other than articles 19(2) and 20(2)) be deemed to befor the purpose of public transport.

Public transport and aerial work—exceptions—cost sharing

160.—(1) Subject to paragraph (4), a flight shall be deemed to be a private flight if the onlyvaluable consideration given or promised in respect of the flight or the purpose of the flight fallswithin paragraph (2) and the the criteria in paragraph (3) are satisfied.

(2) Valuable consideration falls within this paragraph if it is—

(a) valuable consideration specified in article 157(3)(c);

(b) in the case of an aircraft owned in accordance with article 162(2), valuableconsideration which falls within article 162(3); or

(c) is a contribution to the direct costs of the flight otherwise payable by the pilot incommand;

or falls within any two or all three sub-paragraphs.

(3) The criteria in this paragraph are satisfied if—

(a) no more than 4 persons (including the pilot) are carried;

(b) the proportion which the contribution referred to in paragraph (2)(c) bears to thedirect costs shall not exceed the proportion which the number of persons carried onthe flight (excluding the pilot) bears to the number of persons carried (including thepilot);

(c) no information shall have been published or advertised prior to the commencementof the flight other than, in the case of an aircraft operated by a flying club, advertisingwholly within the premises of such a flying club in which case all the persons carriedon such a flight who are aged 18 years or over shall be members of that flying club; and

(d) no person acting as a pilot shall be employed as a pilot by, or be a party to a contractfor the provision of services as a pilot with, the operator of the aircraft which isbeing flown.


Public transport and aerial work—exceptions—recovery of direct costs

161.—(1) Subject to paragraph (2), a flight shall be deemed to be a private flight if the onlyvaluable consideration given or promised in respect of the flight or the purpose of the flightother than—

(a) valuable consideration specified in article 157(3)(c); or

(b) in the case of an aircraft owned in accordance with article 162(2), valuableconsideration which falls within article 162(3);

is the payment of the whole or part of the direct costs otherwise payable by the pilot incommand by or on behalf of the employer of the pilot in command, or by or on behalf of abody corporate of which the pilot in command is a director, provided that neither the pilot incommand nor any other person who is carried is legally obliged, whether under a contract orotherwise, to be carried.


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Public transport and aerial work—exceptions—jointly owned aircraft

162.—(1) A flight shall be deemed to be a private flight if the aircraft falls within paragraph(2) and the only valuable consideration given or promised in respect of the flight or the purposeof the flight falls within paragraph (3).

(2) An aircraft falls within this paragraph if it is owned—

(a) jointly by persons (each of whom is a natural person) who each hold not less than a5% beneficial share and—

(i) the aircraft is registered in the names of all the joint owners; or

(ii) the aircraft is registered in the name or names of one or more of the joint ownersas trustee or trustees for all the joint owners and written notice has been givento the CAA of the names of all the persons beneficially entitled to a share in theaircraft; or

(b) by a company in the name of which the aircraft is registered and the registeredshareholders of which (each of whom is a natural person) each hold not less than 5%of the shares in that company.

(3) Valuable consideration falls within this paragraph if it is either—

(a) in respect of and is no greater than the direct costs of the flight and is given orpromised by one or more of the joint owners of the aircraft or registered shareholdersof the company which owns the aircraft; or

(b) in respect of the annual costs and given by one or more of such joint owners orshareholders (as aforesaid);

or falls within both sub-paragraphs (a) and (b).

Public transport and aerial work—exceptions—parachuting

163. A flight shall be deemed to be for the purpose of aerial work if it is a flight in respectof which valuable consideration has been given or promised for the carriage of passengers andwhich is for the purpose of—

(a) the dropping of persons by parachute and which is made under and in accordancewith the terms of a parachuting permission granted by the CAA under article 67;

(b) positioning the aircraft for such a flight as is specified in sub-paragraph (a) and whichis made with the intention of carrying out such a flight and on which no person iscarried who it is not intended shall be carried on such a flight and who may be carriedon such a flight in accordance with the terms of a parachuting permission granted bythe CAA under article 67; or

(c) returning after such a flight as is specified in sub-paragraph (a) to the place at whichthe persons carried on such a flight are usually based and on which flight no personsare carried other than persons carried on the flight specified in sub-paragraph (a).

Exceptions from application of provisions of the Order for certain classes of aircraft

164. The provisions of this Order other than articles 68, 74, 96(1), 97, 98, 144(1)(b) and (c),155(1) and (2) shall not apply to or in relation to—

(a) any small balloon;

(b) any kite weighing not more than 2 kg;

(c) any small aircraft; or

(d) any parachute including a parascending parachute.

Approval of persons to furnish reports

165. In relation to any of its functions under any of the provisions of this Order the CAAmay approve a person as qualified to furnish reports to it and may accept such reports.

Certificates, authorisations, approvals and permissions

166. Wherever in this Order there is provision for the issue or grant of a certificate,authorisation, approval or permission by the CAA, unless otherwise provided, such acertificate, authorisation, approval or permission—

(a) shall be in writing;

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(b) may be issued or granted subject to such conditions as the CAA thinks fit; and

(c) may be issued or granted, subject to article 92, for such periods as the CAA thinks fit.

Competent authority

167—(1) The CAA shall be—

(a) the national aviation authority of the United Kingdom for the purposes ofRegulation (EC) No. 1592/2002 of the European Parliament and of the Council of15th July 2002 on common rules in the field of civil aviation and establishing aEuropean Aviation Safety Agency(a); and

(b) the competent authority of the United Kingdom for the purposes of—

(i) Commission Regulation (EC) No. 1702/2003 of 24th September 2003 layingdown implementing rules for the airworthiness and environmental certificationof aircraft and related products, parts and appliances, as well as for thecertification of design and production organisations(b); and

(ii) Commission Regulation (EC) No. 2042/2003 of 20th November 2003 on thecontinuing airworthiness of aircraft and aeronautical products, parts andappliances, and on the approval of organisations and personnel involved inthese tasks(c).

(2) The Secretary of State shall be the competent authority under article 15 of CouncilDirective 96/29/Euratom of 13th May 1996 for the purposes of article 42 of the Directive(d).

Saving

168.—(1) Subject to articles 128 and 130, nothing in this Order or any regulations madethereunder shall confer any right to land in any place as against the owner of the land or otherpersons interested therein.

(2) Nothing in this Order shall oblige the CAA to accept an application from the holder ofany current certificate, licence, approval, permission, exemption or other document, being anapplication for the renewal of that document, or for the granting of another document incontinuation of or in substitution for the current document, if the application is made morethan 60 days before the current document is due to expire.

Clerk of the Privy Council

A. K. Galloway

a)( O.J. L240, 7.9.2002, p. 1; the amendments which have been made to this Community Regulation are not relevant forthe purposes of these Regulations.

b)( O.J. L243, 24.9.2003, p. 6.c)( O.J. L315, 28.11.2003, p. 1.d)( O.J. L159, 29.6.1996, p. 1.

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SCHEDULE 1 Article 2

ORDERS REVOKED

References

The Air Navigation Order 2000 S.I. 2000/1562

The Air Navigation (Amendment) Order 2001 S.I. 2001/397


The Air Navigation (Amendment) (No. 2) Order 2002 S.I. 2002/1628


The Air Navigation (Amendment) (No. 2) Order 2003 S.I. 2003/2905


SCHEDULE 2

CLASSIFICATION AND MARKING OF AIRCRAFT AND DEALERCERTIFICATION

PART A Articles 4(6) and 155(6)

Classification of aircraft

Col. 1 Col. 2 Col. 3 Col. 4

Free Balloon{ Captive BalloonNon-power driven

Lighter thanair aircraft {

AirshipPower driven

GliderAircraft

KiteNon-power driven

Aeroplane (Landplane){ Aeroplane (Seaplane)Heavier than Aeroplane (Amphibian)air aircraft Aeroplane (Self-launching{ Power driven

Motor Glider)(flying machines)Powered Lift (Tilt Rotor){

HelicopterRotorcraft { Gyroplane

PART B Article 5(2)

Nationality and registration marks of aircraft registered in the United Kingdom

General

1.—(1) The nationality mark of the aircraft shall be the capital letter “G” in Roman character and theregistration mark shall be a group of four capital letters in Roman character assigned by the CAA on theregistration of the aircraft. The letters shall be without ornamentation and a hyphen shall be placedbetween the nationality mark and the registration mark.

(2) The nationality and registration marks shall be displayed to the best advantage, taking intoconsideration the constructional features of the aircraft and shall always be kept clean and visible.

(3) The letters constituting each group of marks shall be of equal height and they, and the hyphen, shallall be of the same single colour which shall clearly contrast with the background on which they appear.

(4) The nationality and registration marks shall also be inscribed on a fire-proof metal plate aYxed ina prominent position—

(a) in the case of a microlight aeroplane, either in accordance with sub-paragraph (c) or on the wing;

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(b) in the case of a balloon, on the basket or envelope; or

(c) in the case of any other aircraft on the fuselage or car as the case may be.

(5) The nationality and registration marks shall be painted on the aircraft, or shall be aYxed theretoby any other means ensuring a similar degree of permanence, in the manner specified in paragraphs 2 and3 of this Part.

Position and size of marks

2.—(1) The position and size of marks on heavier than air aircraft (excluding kites) shall be as follows—

(a) on the horizontal surfaces of the wings—

(i) on aircraft having a fixed wing surface, the marks shall appear on the lower surface of thewing structure and shall be on the port wing unless they extend across the whole surface ofboth wings. So far as is possible the marks shall be located equidistant from the leading andtrailing edges of the wings. The tops of the letters shall be towards the leading edge of thewing;

(ii) the height of the letters shall be—

(aa) subject to sub-paragraph (bb), at least 50 centimetres;

(bb) if the wings are not large enough for the marks to be 50 centimetres in height, marksof the greatest height practicable in the circumstances;

(b) on the fuselage (or equivalent structure) and vertical tail surfaces—

(i) the marks shall also appear either—

(aa) on each side of the fuselage (or equivalent structure), and shall, in the case of fixed wingaircraft be located between the wings and the horizontal tail surface; or

(bb) on the vertical tail surfaces;

(ii) when located on a single vertical tail surface, the marks shall appear on both sides. Whenlocated on multi-vertical tail surfaces, the marks shall appear on the outboard sides of theouter-surfaces. Subject to sub-paragraphs (iv) and (v), the height of the letters constitutingeach group of marks shall be at least 30 centimetres;

(iii) if one of the surfaces authorised for displaying the required marks is large enough for thosemarks to be 30 centimetres in height (whilst complying with sub-paragraph (v)) and theother is not, marks of 30 centimetres in height shall be placed on the largest authorisedsurface;

(iv) if neither authorised surface is large enough for marks of 30 centimetres in height (whilstcomplying with sub-paragraph (v)), marks of the greatest height practicable in thecircumstances shall be displayed on the larger of the two authorised surfaces;

(v) marks on the vertical tail surfaces shall be such as to leave a margin of at least 5 centimetresalong each side of the vertical tail surface;

(vi) on rotary wing aircraft where owing to the structure of the aircraft the greatest heightpracticable for the marks on the side of the fuselage (or equivalent structure) is less than 30centimetres, the marks shall also appear on the lower surface of the fuselage as close to theline of symmetry as is practicable, and shall be placed with the tops of the letters towardsthe nose. The height of the letters constituting each group of marks shall be:

(aa) subject to sub-paragraph (bb), at least 50 centimetres; or

(bb) if the lower surface of the fuselage is not large enough for the marks to be of 50centimetres in height, marks of the greatest height practicable in the circumstances;

(c) wherever in this paragraph marks of the greatest height practicable in the circumstances arerequired, that height shall be such as is consistent with compliance with paragraph 3 of this Part.

(2) The position and size of marks on airships and free balloons shall be as follows—

(a) in the case of airships the marks shall be placed on each side of the airship. They shall be placedhorizontally either on the hull near the maximum cross-section of the airship or on the lowervertical stabiliser;

(b) in the case of free balloons, the marks shall be in two places on diametrically opposite sides ofthe balloon;

(c) in the case of both airships and free balloons the side marks shall be so placed as to be visiblefrom the sides and from the ground. The height of the letters shall be at least 50 centimetres.

Width, spacing and thickness of marks

3.—(1) For the purposes of this paragraph—

(a) “standard letter” shall mean any letter other than the letters I, M and W;

(b) the width of each standard letter and the length of the hyphen between the nationality mark andthe registration mark shall be two thirds of the height of a letter;

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(c) the width of the letters M and W shall be neither less than two thirds of their height nor morethan their height; and

(d) the width of the letter I shall be one sixth of the height of the letter.

(2) The thickness of the lines comprising each letter and hyphen shall be one sixth of the height of theletters forming the marks.

(3) Each letter and hyphen shall be separated from the letter or hyphen which it immediately precedesor follows by a space equal to either one quarter or one half of the width of a standard letter. Each suchspace shall be equal to every other such space within the marks.

PART C Article 4(8)

Conditions in aircraft dealer’s certificate

The conditions in an aircraft dealer’s certificate shall be as follows—

(1) The operator of the aircraft shall be the registered owner of the aircraft, who shall be the holder ofan aircraft dealer’s certificate granted under this Order.

(2) The aircraft shall fly only for the purpose of—

(a) testing the aircraft;

(b) demonstrating the aircraft with a view to the sale of that aircraft or of other similar aircraft;

(c) proceeding to or from a place at which the aircraft is to be tested or demonstrated as aforesaid,or overhauled, repaired or modified;

(d) delivering the aircraft to a person who has agreed to buy, lease or sell it; or

(e) proceeding to or from a place for the purpose of storage.

(3) Without prejudice to article 52 the operator of the aircraft shall satisfy himself before the aircrafttakes oV that the aircraft is in every way fit for the intended flight.

(4) The aircraft shall fly only within the United Kingdom.

SCHEDULE 3

A AND B CONDITIONS AND CATEGORIES OF CERTIFICATE OFAIRWORTHINESS

PART A Articles 3(3), 8(2) and 65(7)

A and B Conditions

A Conditions

1.—(1) A non-EASA aircraft registered in the United Kingdom may fly for a purpose set out inparagraph (2) subject to the conditions contained in paragraphs (3) to (8) when either:

(a) it does not have a certificate of airworthiness duly issued or rendered valid under the law of theUnited Kingdom; or

(b) the certificate of airworthiness or certificate of validation issued in respect of the aircraft hasceased to be in force by virtue of any of the matters specified in article 10.

(2) The purposes referred to in paragraph (1) are—

(a) in the case of an aircraft falling within paragraph (1)(a) the aircraft shall fly only so as to enableit to—

(i) qualify for the issue, renewal or validation of a certificate of airworthiness after anapplication has been made for such issue, renewal or validation as the case may be, or carryout a functional check of a previously approved modification of the aircraft (and for thepurpose of this Schedule “a previously approved modification” shall mean a modificationwhich has previously been approved by the CAA or by an organisation approved for thatpurpose by the CAA in respect of that aircraft or another aircraft of the same type);

(ii) proceed to or from a place at which any inspection, repair, modification, maintenance,approval, test or weighing of, or the installation of equipment in, the aircraft is to take placeor has taken place for a purpose referred to in sub-paragraph (i), after any relevantapplication has been made, or at which the installation of furnishings in, or the painting of,the aircraft is to be undertaken; or

(iii) proceed to or from a place at which the aircraft is to be or has been stored.

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(b) in the case of an aircraft falling within paragraph (1)(b), the aircraft shall fly only so as to enableit to—

(i) proceed to a place at which any inspection or maintenance required by virtue of article10(b)(ii) is to take place; or

(ii) proceed to a place at which any inspection, maintenance or modification required by virtueof article 10(b)(i) or (c) is to take place and in respect of which flight the CAA has givenpermission in writing; or

(iii) carry out a functional check, test or in-flight adjustment in connection with the carrying outin a manner approved by the CAA of any overhaul, repair, previously approvedmodification, inspection or maintenance required by virtue of article 10.

(3) The aircraft, including any modifications, shall be of a design which previously has been approvedby the CAA, or by an organisation approved for that purpose by the CAA, as being compliant with astandard accepted by the CAA as appropriate for the issue of a national certificate of airworthiness.

(4) The aircraft and its engines shall be certified as fit for flight by the holder of an aircraft maintenanceengineer’s licence granted under this Order, being a licence which entitles him to issue that certificate orby a person approved by the CAA for the purpose of issuing certificates under this condition, and inaccordance with that approval.

(5) The aircraft shall carry the minimum flight crew specified in any certificate of airworthiness orvalidation or flight manual which has previously been in force under the Order in respect of the aircraft,or is or has previously been in force in respect of any other aircraft of identical design.

(6) The aircraft shall not carry any persons or cargo except persons performing duties in the aircraft inconnection with the flight or persons who are carried in the aircraft to perform duties in connection witha purpose referred to in paragraph (2).

(7) The aircraft shall not fly over any congested area of a city, town or settlement except to the extentthat it is necessary to do so in order to take oV or land.

B Conditions

2.—(1) A non-EASA aircraft may fly for a purpose set out in paragraph (2) subject to the conditionsset out in paragraphs (3) to (8) whether or not it is registered in accordance with article 3(1) and whenthere is not in force—

(a) in the case of an aircraft which is so registered, a certificate of airworthiness duly issued orrendered valid under the law of the country in which the aircraft is registered; or

(b) in the case of an aircraft which is not so registered, either a certificate of airworthiness duly issuedor rendered valid under the law of the United Kingdom or a permit to fly issued by the CAA inrespect of that aircraft.

(2) The purposes referred to in paragraph (1) are—

(a) experimenting with or testing the aircraft (including any engines installed thereon) or anyequipment installed or carried in the aircraft;

(b) enabling the aircraft to qualify for the issue or validation of a certificate of airworthiness or theapproval of a modification of the aircraft or the issue of a permit to fly;

(c) demonstrating and displaying the aircraft, any engines installed thereon or any equipmentinstalled or carried in the aircraft with a view to its sale or of other similar aircraft, engines orequipment;

(d) demonstrating and displaying the aircraft to employees of the operator;

(e) the giving of flying training to or the testing of flight crew employed by the operator or thetraining or testing of other persons employed by the operator and who are carried or areintended to be carried under paragraph (7)(a); or

(f) proceeding to or from a place at which any experiment, inspection, repair, modification,maintenance, approval, test or weighing of the aircraft, the installation of equipment in theaircraft, demonstration, display or training is to take place for a purpose referred to in sub-paragraph (a), (b), (c), (d) or (e) or at which installation of furnishings in, or the painting of, theaircraft is to be undertaken.

(3) The flight shall be operated by a person approved by the CAA for the purposes of these Conditionsand subject to any additional conditions which may be specified in such an approval.

(4) If not registered in the United Kingdom the aircraft shall be marked in a manner approved by theCAA for the purposes of these Conditions, and articles 20, 22, 52, 55, 86 and 88 shall be complied within relation to the aircraft as if it were registered in the United Kingdom.

(5) If not registered in the United Kingdom, the aircraft shall carry such flight crew as may be necessaryto ensure the safety of the aircraft.

(6) No person shall act as pilot in command of the aircraft except a person approved for the purposeby the CAA.

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(7) The aircraft shall not carry any cargo, or any persons other than the flight crew except thefollowing—

(a) persons employed by the operator who during the flight carry out duties or are tested or receivetraining in connection with a purpose specified in paragraph (2);

(b) persons acting on behalf of the manufacturers of component parts of the aircraft (including itsengines) or of equipment installed in or carried in the aircraft for carrying out during the flightduties in connection with a purpose so specified;

(c) persons approved by the CAA under article 165 as qualified to furnish reports for the purposesof article 9;

(d) persons other than those carried under the preceding provisions of this paragraph who arecarried in the aircraft in order to carry out a technical evaluation of the aircraft or its operation;

(e) cargo which comprises equipment carried in connection with a purpose specified in paragraph(2)(f); or

(f) persons employed by the operator or persons acting on behalf of the manufacturers ofcomponent parts of the aircraft (including its engines) or of equipment installed in or carried inthe aircraft in connection with a purpose specified in paragraph (2)(f) which persons have dutiesin connection with that purpose.

(8) The aircraft shall not fly, except in accordance with procedures which have been approved by theCAA in relation to that flight, over any congested area of a city, town or settlement.

PART B Article 9

Categories of certificate of airworthiness and purposes for which aircraft may fly

Categories of certificate of airworthiness Purpose for which the aircraft may fly

Standard Any purpose

Special Category Any purpose, other than public transport, specified in thecertificate of airworthiness but not including the carriageof passengers unless expressly permitted.

SCHEDULE 4 Articles 16(9) and 19(2)

AIRCRAFT EQUIPMENT

1. Every aircraft of a description specified in the first column of the Table in paragraph 5 of thisSchedule and which is registered in the United Kingdom shall be provided, when flying in thecircumstances specified in the second column of the said Table, with adequate equipment, and for thepurpose of this paragraph the expression “adequate equipment” shall mean, subject to paragraph 2, thescales of equipment respectively indicated in the third column of that Table.

2.—(1) If the aircraft is flying in a combination of such circumstances, the scales of equipment shall noton that account be required to be duplicated.

(2) The equipment carried in an aircraft as being necessary for the airworthiness of the aircraft shall betaken into account in determining whether this Schedule is complied with in respect of that aircraft.

3.—(1) For the purposes of the Table in paragraph 5, flying time in relation to a helicopter or gyroplaneshall be calculated on the assumption that it is flying in still air at the speed specified in the relevant flightmanual as the speed for compliance with regulations governing flights over water.

(2) In this Schedule “day” means the time from half an hour before sunrise until half an hour aftersunset (both times exclusive), sunset and sunrise being determined at surface level.

4. The following items of equipment shall not be required to be of a type approved by EASA or theCAA—

(a) the equipment referred to in Scale A (2);

(b) first aid equipment and handbook, referred to in Scale A;

(c) time-pieces, referred to in Scale F;

(d) torches, referred to in Scales G, H, K and Z;

(e) whistles, referred to in Scale H;

(f) sea anchors, referred to in Scales J and K;

(g) rocket signals, referred to in Scale J;

(h) equipment for mooring, anchoring or manoeuvring aircraft on the water, referred to in Scale J;

(i) paddles, referred to in Scale K;

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(j) food and water, referred to in Scales K, U and V;

(k) first aid equipment, referred to in Scales K, U and V;

(l) stoves, cooking utensils, snow shovels, ice saws, sleeping bags and Arctic suits, referred to inScale V;

(m) megaphones, referred to in Scale Y.

5. Table

Description of Aircraft Circumstances of Flight Scale of EquipmentRequired

(1) Gliders (a) flying for purposes other than public A(2)transport or aerial work; and when flyingby night

(b) flying for the purpose of public transport A, B(1), (2), (3), (4),or aerial work; and (5), (6) and (7), D

and F(1)(i) when flying by night C and G(ii) when carrying out aerobatic B(8) and (9)

manoeuvres

(2) Aeroplanes (a) flying for purposes other than public A(1) and (2) andtransport; and B(1), (2), (3), (4), (5)

and (6)(i) when flying by night C and D(ii) when flying under Instrument Flight

Rules;(aa) outside controlled airspace D(bb) within Class A, B or C airspace E with E(4)

duplicated and F(cc) within Class D and E airspace E and F

(iii) when carrying out aerobatic B(8) and (9)manoeuvres

(b) flying for the purpose of public transport; A, B(1), (2), (3), (4),and (5), (6) and (7), D

and F(1)(i) when flying under Instrument Flight E with E(4)

Rules except flights outside controlled duplicated and Fairspace in the case of aeroplaneshaving a maximum total weightauthorised not exceeding 1,150 kg

(ii) when flying by night; and in the case C and G, E with E(4)of aeroplanes of which the maximum duplicated and Ftotal weight authorised exceeds1,150 kg

(iii) when flying over water beyond Hgliding distance from land

(iv) on all flights on which in the event of Hany emergency occurring during thetake-oV or during the landing at theintended destination or any likelyalternate destination it is reasonablypossible that the aeroplane would beforced to land onto water;

(v) when flying over water;(aa) in the case of aeroplanes capable H and K

of continuing the flight to anaerodrome with the critical powerunit becoming inoperative, at agreater distance from land suitablefor making an emergency landingthan that corresponding to 120minutes at cruising speed or 400nautical miles, whichever is thelesser; or

(bb) in the case of all other aeroplanes, H and Kat a greater distance from landsuitable for making an emergencylanding than that corresponding

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to 30 minutes at cruising speed or100 nautical miles, whichever isthe lesser

(vi) having a certificate of airworthiness KK(1) or (2)first issued (whether in the UnitedKingdom or elsewhere) before1st January 2002

(vii) having a certificate of airworthiness KK(2)first issued (whether in the UnitedKingdom or elsewhere) on or after1st January 2002

(viii) on all flights which involve H, J and Kmanoeuvres on water

(ix) when flying at a height of 10,000 ft ormore above mean sea level;

(aa) having a certificate of L1 or L2airworthiness first issued (whetherin the United Kingdom orelsewhere) before 1st January 1989

(bb) having a certificate of L2airworthiness first issued (whetherin the United Kingdom orelsewhere) on or after 1st January1989

(x) on flights when the weather reports or Mforecasts available at the aerodromeat the time of departure indicate thatconditions favouring ice formationare likely to be met

(xi) when carrying out aerobatic B(8) and (9)manoeuvres

(xii) on all flights on which the aircraft Ncarries a flight crew of more thanone person

(xiii) on all flights for the purpose of the Q and Y(1), (2) andpublic transport of passengers (3)

(xiv) on all flights by a pressurised Raircraft

(xv) when flying over substantially Uuninhabited land areas where, in theevent of an emergency landing,tropical conditions are likely to bemet

(xvi) when flying over substantially Vuninhabited land or other areaswhere, in the event of an emergencylanding, polar conditions are likelyto be met

(xvii) when flying at an altitude of more Wthan 49,000 ft

(3) Turbine-jet aeroplanes when flying for the purpose of public transport Ohaving a maximum totalweight authorised exceeding5,700 kg or pressurised aircrafthaving a maximum totalweight authorised exceeding11,400 kg

(4) Turbine-enginedaeroplanes having a maximumtotal weight authorisedexceeding 5,700 kg and piston-engined aeroplanes having amaximum total weightauthorised exceeding 27,000 kg

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except for such aeroplanesfalling within paragraphs (5)or (6);

(a) which are operated by an when flying on any flight Pair transport undertaking;or

(b) which are public transport when flying on any flight Paeroplanes in respect ofwhich application has beenmade and not withdrawnor refused for a certificateof airworthiness, andwhich fly under an EASApermit to fly, “AConditions” or under acertificate of airworthinessin the Special Categorydescribed in Part B ofSchedule 3

(5) Public transportaeroplanes in respect of whichthere is in force a certificate ofairworthiness and publictransport aeroplanes in respectof which an application hasbeen made and not withdrawnor refused for a certificate ofairworthiness, and which flyunder an EASA permit to fly,“A Conditions” or under acertificate of airworthiness inthe Special Category describedin Part B of Schedule 3 exceptfor such aeroplanes fallingwithin paragraph (6);(a) which conform to a type when flying on any flight S(1)

first issued with a typecertificate (whether in theUnited Kingdom orelsewhere) on or after 1stApril 1971 and which havea maximum total weightauthorised exceeding5,700 kg but not exceeding11,400 kg; or

(b) which conform to a type when flying on any flight S(2)first issued with a typecertificate (whether in theUnited Kingdom orelsewhere) on or after 1stApril 1971 and which havea maximum total weightauthorised exceeding11,400 kg but notexceeding 27,000 kg; or

(c) which conform to a type when flying on any flight S(3)first issued with a typecertificate (whether in theUnited Kingdom orelsewhere) on or after 1stApril 1971 and which havea maximum total weight

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authorised exceeding27,000 kg but notexceeding 230,000 kg; or

(d) which conform to a type when flying on any flight S(3)first issued with a typecertificate in the UnitedKingdom on or after 1stJanuary 1970 and whichhave a maximum totalweight authorisedexceeding 230,000 kg

(6) Public transportaeroplanes in respect of whichthere is in force a certificate ofairworthiness and publictransport aeroplanes in respectof which application has beenmade and not withdrawn orrefused for a certificate ofairworthiness, and which flyunder an EASA permit to fly,“A Conditions” or under acertificate of airworthiness inthe Special Category describedin Part B of Schedule 3;(a) for which an individual when flying on any flight S(4)

certificate of airworthinesswas first issued (whether inthe United Kingdom orelsewhere) on or after 1stJune 1990 and which havea maximum total weightauthorised not exceeding5,700 kg, are powered by 2or more turbine enginesand with a maximumapproved passenger seatingconfiguration of more than9; or

(b) for which an individual when flying on any flight S(5)certificate of airworthinesswas first issued (whether inthe United Kingdom orelsewhere) on or after 1stJune 1990 and which havea maximum total weightauthorised exceeding 5,700kg but not exceeding27,000 kg; or

(c) for which an individual when flying on any flight S(6)certificate of airworthinesswas first issued (whether inthe United Kingdom orelsewhere) on or after 1stJune 1990 and which havea maximum total weightauthorised exceeding27,000 kg

(7) Aerial work and private when flying on any flight S(6)aeroplanes for which anindividual certificate ofairworthiness was first issued(whether in the UnitedKingdom or elsewhere) on or

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after 1st June 1990 and whichhave a maximum total weightauthorised exceeding27,000 kg.

(8) Public transportaeroplanes;(a) which conform to a type when flying on any flight T

first issued with a typecertificate (whether in theUnited Kingdom orelsewhere) on or after 1stApril 1971 and having amaximum total weightauthorised exceeding27,000 kg; or

(b) which conform to a type when flying on any flight Tfirst issued with a typecertificate in the UnitedKingdom on or after 1stJanuary 1970 and whichhave a maximum totalweight authorisedexceeding 230,000 kg andin respect of which there isin force a certificate ofairworthiness; or

(c) having a maximum total when flying on any flight Tweight authorisedexceeding 27,000 kg whichconform to a type firstissued with a typecertificate on or after 1stApril 1971 (or 1st January1970 in the case of anaeroplane having amaximum total weightauthorised exceeding230,000 kg) in respect ofwhich application has beenmade and not withdrawnor refused for a certificateof airworthiness, andwhich fly under an EASApermit to fly, “AConditions” or under acertificate of airworthinessin the Special Categorydescribed in Part B ofSchedule 3

(9) Aeroplanes powered by when flying for the purpose of public transport X(1)one or more turbine jets or oneor more turbine propellerengines and which have amaximum total weightauthorised exceeding 15,000 kgor with a maximum approvedpassenger seatingconfiguration of more than 30

(10) Aeroplanes which are when flying for the purpose of public transport X(1)powered by one or more except when flying under and in accordanceturbine jets or one or more with the terms of a police air operator’sturbine propeller engines and certificatewhich have a maximum totalweight authorised exceeding

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5,700 kg but not exceeding15,000 kg or with a maximumapproved passenger seatingconfiguration of more than 9but not exceeding 30

(11) Aeroplanes which arepowered by one or moreturbine jets or one or moreturbine propeller engines andwhich have a maximum totalweight authorised exceeding5,700 kg or with a maximumapproved passenger seatingconfiguration of more than 9;(a) in respect of which there is when flying for purposes other than public X(1) or X(2)

in force a certificate of transportairworthiness except anysuch aeroplanes as comewithin sub-paragraph (b); or

(b) in respect of which there is when flying for purposes other than public X(1) or X(2)in force a certificate of transport on or after 1st January 2007airworthiness and whichhave equipment capable ofgiving warning to the pilotof the potentiallyhazardous proximity ofground or water installedbefore 1st April 2000

(12) Aeroplanes;(a) powered by one or more when flying by night for the purpose of the Z(1) and (2)

turbo-jets and which have public transport of passengersa maximum total weightauthorised exceeding22,700 kg; or

(b) having a maximum total when flying by night for the purpose of the Z(1) and (2)weight authorised public transport of passengersexceeding 5,700 kg andwhich conform to a typefor which a certificate ofairworthiness was firstapplied for (whether in theUnited Kingdom orelsewhere) after 30th April1972 but not including anyaeroplane which in theopinion of the CAA isidentical in all mattersaVecting the provision ofemergency evacuationfacilities to an aeroplanefor which a certificate ofairworthiness was firstapplied for before thatdate; or

(c) with a maximum approved when flying by night for the purpose of the Z(1)passenger seating public transport of passengersconfiguration of morethan 19; or

(d) having a maximum total when flying for the purpose of the public Z(3)weight authorised transport of passengersexceeding 5,700 kg andwhich conform to a typefor which a certificate ofairworthiness was first

111


applied for (whether in theUnited Kingdom orelsewhere) after 30th April1972 but not including anyaeroplane which in theopinion of the CAA isidentical in all mattersaVecting the provision ofemergency evacuationfacilities to an aeroplanefor which a certificate ofairworthiness was firstapplied for before thatdate; or

(e) powered by one or more when flying for the purpose of the public Z(3)turbo-jets and which have transport of passengersa maximum total weightauthorised exceeding22,700 kg; or

(f) first issued with a type when flying for the purpose of the public Z(3)certificate (whether in the transport of passengersUnited Kingdom orelsewhere) on or after 1stJanuary 1958 and with amaximum approvedpassenger seatingconfiguration of more than19

(13) Aeroplanes;(a) powered by one or more when flying on any flight AA

turbine jets(b) powered by one or more when flying on any flight AA

turbine propeller enginesand having a maximumtotal weight authorisedexceeding 5,700 kg andfirst issued with acertificate of airworthinessin the United Kingdom onor after 1st April 1989

(14) Public transport when flying for the purpose of the public Y(4)aeroplanes transport of passengers

(15) Helicopters and (a) flying for purposes other than public A(1) and (2) andGyroplanes transport; and B(1), (2), (3), (4), (5)

and (6)(i) when flying by day under Visual Flight D

Rules with visual ground reference;(ii) when flying by day under Instrument

Flight Rules or without visual groundreference;

(aa) outside controlled airspace E with E(2)duplicated

(bb) within controlled airspace E with both E(2) andE(4) duplicated and Fwith F(4) for allweights

(iii) when flying at night;(aa) with visual ground reference C, E, G(3) and G(5)

and (6)(bb) without visual ground reference C, E with E(2)

outside controlled airspace duplicated, G(3), (5)and (6)

(cc) without visual ground reference C, E with both E(2)within controlled airspace and E(4) duplicated,

112


F with F(4) for allweights, G(3), (5) and(6)

(b) flying for the purpose of public transport; A, B(1), (2), (3), (4),and (5), (6) and (7) and

F(1) and F(4) for allweights

(i) when flying by day under Visual Flight DRules with visual ground reference

(ii) when flying by day under Instrument E with both E(2) andFlight Rules or without visual ground E(4) duplicated, F(2),reference F(3) and F(5)

(iii) when flying by night with visualground reference;

(aa) when flying with one pilot C, E with E(2)duplicated and eitherE(4) duplicated or aradio altimeter, F(2),(3), (5) and G

(bb) when flying in circumstances C, E, F(2), F(3), F(5)where two pilots are required and G for each pilot’s

station(iv) when flying by night without visual C, E with both E(2)

ground reference and E(4) duplicated,F(2), (3), (5) and G

(v) when flying over water;(aa) in the case of a helicopter carrying E and H

out Performance Class 2 or 3operations or a gyroplaneclassified in its certificate ofairworthiness as being ofperformance group A2 or B whenbeyond auto-rotational glidingdistance from land suitable for anemergency landing

(bb) on all flights on which in the event Hof any emergency occurringduring the take-oV or during thelanding at the intendeddestination or any likely alternatedestination it is reasonablypossible that the helicopter orgyroplane would be forced to landonto water

(cc) in the case of a helicopter carrying E, H, K and Tout Performance Class 1 or 2operations or a gyroplaneclassified in its certificate ofairworthiness as being ofperformance group A2 whenbeyond 10 minutes flying timefrom land

(dd) for more than a total of 3 minutes EEin any flight

(ee) in the case of a helicopter carrying Iout Performance Class 1 or 2operations or a gyroplaneclassified in its certificate ofairworthiness as being ofperformance group A2 which isintended to fly beyond 10 minutesflying time from land or whichactually flies beyond 10 minutesflying time from land, on a flight

113


which is either in support of or inconnection with the oVshoreexploitation or exploration ofmineral resources (including gas)or is on a flight under and inaccordance with the terms of apolice air operator’s certificate,when in either case the weatherreports or forecasts available tothe commander of the aircraftindicate that the sea temperaturewill be less than plus 10)C duringthe flight or when any part of theflight is at night

(vi) when flying on Performance Class 1 KK(2)or 2 operations over water beyond 10minutes flying time from land andnot required to comply with sub-paragraph (ix)

(vii) when flying on Performance Class 3 KK(2)operations beyond auto-rotationalor safe forced landing distance fromland

(viii) when flying over land areas which KK(2)have been designated by the Stateconcerned as areas in which searchand rescue would be especiallydiYcult

(ix) when flying on Performance Class 1 KK(3)or 2 operations over water in ahostile environment at a distancefrom land corresponding to morethan 10 minutes flying time at normalcruising speed in support of or inconnection with the oVshoreexploitation or exploration ofmineral resources (including gas)

(x) on all flights which involve H, J and Kmanoeuvres on water

(xi) when flying at a height of 10,000 ft ormore above mean sea level;

(aa) having a certificate of L1 or L2airworthiness first issued (whetherin the United Kingdom orelsewhere) before 1st January 1989

(bb) having a certificate of L2airworthiness first issued (whetherin the United Kingdom orelsewhere) on or after 1st January1989

(xii) on flights when the weather reports Mor forecasts available at theaerodrome at the time of departureindicate that conditions favouringice formation are likely to be met

(xiii) on all flights on which the aircraft Ncarries a flight crew of more thanone person

(xiv) on all flights for the purpose of the Y(1), (2) and (3)public transport of passengers

(xv) when flying over substantially Uuninhabited land areas where, in theevent of an emergency landing,tropical conditions are likely to bemet

114


(xvi) when flying over substantially Vuninhabited land or other areaswhere, in the event of an emergencylanding, polar conditions are likelyto be met

(16) Helicopters andGyroplanes;(a) having a maximum total when flying by night for the purpose of the Z(1) and (2)

weight authorised public transport of passengersexceeding 5,700 kg andwhich conform to a typefor which a certificate ofairworthiness was firstapplied for (whether in theUnited Kingdom orelsewhere) after 30th April1972 but not including anyhelicopter or gyroplanewhich in the opinion of theCAA is identical in allmatters aVecting theprovision of emergencyevacuation facilities to ahelicopter or gyroplane forwhich a certificate ofairworthiness was firstapplied for before thatdate; or

(b) with a maximum approved when flying by night for the purpose of the Z(1)passenger seating public transport of passengersconfiguration of more than19; or

(c) which are public transporthelicopters or gyroplanesin respect of which there isin force a certificate ofairworthiness and publictransport helicopters orgyroplanes in respect ofwhich application has beenmade and not withdrawnor refused for a certificateof airworthiness, andwhich fly under an EASApermit to fly, A Conditionsor under a certificate ofairworthiness in the SpecialCategory described in PartB of Schedule 3; and

(i) which have a maximum when flying on any flight SS(1) or (3)total weight authorisedexceeding 2,730 kg butnot exceeding 7,000 kgor with a maximumapproved passengerseating configuration ofmore than 9 or both

(ii) which have a maximum when flying on any flight SS(2) or (3)total weight authorisedexceeding 7,000 kg

115

6. The scales of equipment indicated in the foregoing Table shall be as follows—

Scale A

(1) Spare fuses for all electrical circuits the fuses of which can be replaced in flight, consisting of 10 percent of the number of each rating or three of each rating, whichever is the greater.

(2) Maps, charts, codes and other documents and navigational equipment necessary, in addition to anyother equipment required under this Order, for the intended flight of the aircraft including any diversionwhich may reasonably be expected.

(3) First aid equipment of good quality, suYcient in quantity, having regard to the number of personson board the aircraft, and including the following—

(a) roller bandages;

(b) triangular bandages;

(c) adhesive plaster;

(d) absorbent gauze or wound dressings;

(e) cotton wool or wound dressings;

(f) burn dressings;

(g) safety pins;

(h) haemostatic bandages or tourniquets;

(i) scissors;

(j) antiseptic;

(k) analgesic and stimulant drugs;

(l) splints, in the case of aeroplanes the maximum total weight authorised of which exceeds 5,700kg;

(m) a handbook on first aid.

(4) In the case of a flying machine used for the public transport of passengers in which, while the flyingmachine is at rest on the ground, the sill of any external door intended for the disembarkation ofpassengers, whether normally or in an emergency—

(a) is more than 1.82 metres from the ground when the undercarriage of the machine is in the normalposition for taxiing; or

(b) would be more than 1.82 metres from the ground if the whole or any part of the undercarriageshould collapse, break or fail to function;

apparatus readily available for use at each such door consisting of a device or devices which will enablepassengers to reach the ground safely in an emergency while the flying machine is on the ground, and canbe readily fixed in position for use.

Scale AA

(1) Subject to sub-paragraph (2), an altitude alerting system capable of alerting the pilot uponapproaching a preselected altitude in either ascent or descent, by a sequence of visual and aural signals insuYcient time to establish level flight at that preselected altitude and when deviating above or below thatpreselected altitude, by a visual and an aural signal.

(2) If the system becomes unserviceable, the aircraft may fly or continue to fly, until it first lands at aplace at which it is reasonably practicable for the system to be repaired or replaced.

Scale B

(1) If the maximum total weight authorised of the aircraft is 2,730 kg or less, for every pilot’s seat andfor any seat situated alongside a pilot’s seat, either a safety belt with one diagonal shoulder strap or a safetyharness, or with the permission of the CAA, a safety belt without a diagonal shoulder strap whichpermission may be granted if the CAA is satisfied that it is not reasonably practicable to fit a safety beltwith one diagonal shoulder strap or a safety harness.

(2) If the maximum total weight authorised of the aircraft exceeds 2,730 kg, either a safety harness forevery pilot’s seat and for any seat situated alongside a pilot’s seat, or with the permission of the CAA, asafety belt with one diagonal shoulder strap which permission may be granted if the CAA is satisfied thatit is not reasonably practicable to fit a safety harness.

(3) For every seat in use (not being a seat referred to in paragraphs (1), (2), (5) and (6)) a safety beltwith or without one diagonal shoulder strap or a safety harness.

(4) In addition, and to be attached to or secured by the equipment required in paragraph (3) above, achild restraint device for every child under the age of two years on board.

(5) On all flights for the public transport of passengers by aircraft, for each seat for use by cabin crewwho are required to be carried under this Order, a safety harness.

116

(6) On all flights in aeroplanes in respect of which a certificate of airworthiness was first issued (whetherin the United Kingdom or elsewhere) on or after 1st February 1989, the maximum total weight authorisedof which does not exceed 5,700 kg but with a maximum approved passenger seating configuration of morethan 9, (otherwise than in seats referred to under paragraph (1) or (2)), a safety belt with one diagonalshoulder strap or a safety harness for each seat intended for use by a passenger.

(7) If the commander cannot, from his own seat, see all the passengers’ seats in the aircraft, a meansof indicating to the passengers that seat belts should be fastened.

(8) Subject to paragraph (9), a safety harness for every seat in use.

(9) In the case of an aircraft carrying out aerobatic manoeuvres consisting only of erect spinning, theCAA may permit a safety belt with one diagonal shoulder strap to be fitted if it is satisfied that suchrestraint is suYcient for the carrying out of erect spinning in that aircraft and that it is not reasonablypracticable to fit a safety harness in that aircraft.

Scale C

(1) Equipment for displaying the lights required by the Rules of the Air Regulations 1996.

(2) Electrical equipment, supplied from the main source of supply in the aircraft, to provide suYcientillumination to enable the flight crew properly to carry out their duties during flight.

(3) Unless the aircraft is equipped with radio, devices for making the visual signal specified in the Rulesof the Air Regulations 1996 as indicating a request for permission to land.

Scale D

(1) In the case of a helicopter or gyroplane, a slip indicator.

(2) In the case of any other flying machine either—

(a) a turn indicator and a slip indicator; or

(b) a gyroscopic bank and pitch indicator and a gyroscopic direction indicator.

(3) A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weatherreport or forecasts available to the commander of the aircraft indicate is likely to be encountered duringthe intended flight.

Scale E


(a) a helicopter or gyroplane, a slip indicator;

(b) any other flying machine, a slip indicator and either a turn indicator or, at the option of theoperator, an additional gyroscopic bank and pitch indicator.

(2) A gyroscopic bank and pitch indicator.

(3) A gyroscopic direction indicator.

(4) A sensitive pressure altimeter adjustable for any sea level barometric pressure which the weatherreport or forecasts available to the commander of the aircraft indicate is likely to be encountered duringthe intended flight.

Scale EE

(1) Subject to paragraph (2), a radio altimeter with an audio voice warning operating below a presetheight and a visual warning capable of operating at a height selectable by the pilot.

(2) A helicopter flying under and in accordance with the terms of a police air operator’s certificate mayinstead be equipped with a radio altimeter with an audio warning and a visual warning each capable ofoperating at a height selectable by the pilot.

Scale F

(1) A timepiece indicating the time in hours, minutes and seconds.

(2) A means of indicating whether the power supply to the gyroscopic instrument is adequate.

(3) A rate of climb and descent indicator.

(4) A means of indicating in the flight crew compartment the outside air temperature calibrated indegrees celsius.

(5) If the maximum total weight authorised of the aircraft exceeds 5,700 kg two air speed indicators.

117

Scale G

(1) In the case of an aircraft other than a helicopter or gyroplane landing lights consisting of 2 singlefilament lamps, or one dual filament lamp with separately energised filaments.

(2) An electrical lighting system to provide illumination in every passenger compartment.

(3) Either—

(a) one electric torch for each member of the crew of the aircraft; or

(b) one electric torch—

(i) for each member of the flight crew of the aircraft; and

(ii) aYxed adjacent to each floor level exit intended for the disembarkation of passengerswhether normally or in an emergency, provided that such torches shall—

(aa) be readily accessible for use by the crew of the aircraft at all times; and

(bb) number in total not less than the minimum number of members of the cabin crewrequired to be carried with a full passenger complement.

(4) In the case of an aircraft other than a helicopter or gyroplane of which the maximum total weightauthorised exceeds 5,700 kg, means of observing the existence and build up of ice on the aircraft.

(5) In the case of a helicopter carrying out Performance Class 1 or 2 operations or a gyroplane in respectof which there is in force a certificate of airworthiness designating the gyroplane as being of performancegroup A, either—

(a) 2 landing lights both of which are adjustable so as to illuminate the ground in front of and belowthe helicopter or gyroplane and one of which is adjustable so as to illuminate the ground oneither side of the helicopter or gyroplane; or

(b) one landing light or, if the maximum total weight authorised of the helicopter or gyroplaneexceeds 5,700 kg, one dual filament landing light with separately energised filaments, or 2 singlefilament lights, each of which is adjustable so as to illuminate the ground in front of and belowthe helicopter or gyroplane, and 2 parachute flares.

(6) In the case of a helicopter carrying out Performance Class 3 operations or a gyroplane in respect ofwhich there is in force a certificate of airworthiness designating the gyroplane as being of performancegroup B, either—

(a) one landing light and 2 parachute flares; or

(b) if the maximum total weight authorised of the helicopter or gyroplane exceeds 5,700 kg, eitherone dual filament landing light with separately energised filaments or 2 single filament landinglights, and 2 parachute flares.

Scale H

(1) Subject to paragraph (2), for each person on board, a lifejacket equipped with a whistle andwaterproof torch.

(2) Lifejackets constructed and carried solely for use by children under three years of age need not beequipped with a whistle.

Scale IA survival suit for each member of the crew.

Scale J

(1) Additional flotation equipment, capable of supporting one-fifth of the number of persons on board,and provided in a place of stowage accessible from outside the flying machine.

(2) Parachute distress rocket signals capable of making, from the surface of the water, thepyrotechnical signal of distress specified in the Rules of the Air Regulations 1996 and complying with PartIII of Schedule 15 to the Merchant Shipping (Life-Saving Appliances) Regulations 1980(a).

(3) A sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring theflying machine on water, appropriate to its size, weight and handling characteristics.

Scale K


(a) a flying machine, other than a helicopter or gyroplane carrying 20 or more persons, liferaftssuYcient to accommodate all persons on board;

(b) a helicopter or gyroplane carrying 20 or more persons, a minimum of 2 liferafts suYcienttogether to accommodate all persons on board.

a)( S.I. 1980/538.

118

(2) Each liferaft shall contain the following equipment—

(a) means for maintaining buoyancy;

(b) a sea anchor;

(c) life-lines, and means of attaching one liferaft to another;

(d) paddles or other means of propulsion;

(e) means of protecting the occupants from the elements;

(f) a waterproof torch;

(g) marine type pyrotechnical distress signals;

(h) means of making sea water drinkable, unless the full quantity of fresh water is carried as specifiedin sub-paragraph (i);

(i) for each 4 or proportion of 4 persons the liferaft is designed to carry—

(i) 100 grammes of glucose toVee tablets; and

(ii) 1/2 litre of fresh water in durable containers or in any case in which it is not reasonablypracticable to carry the quantity of water above specified, as large a quantity of fresh wateras is reasonably practicable in the circumstances; provided that in no case shall the quantityof water carried be less than is suYcient, when added to the amount of fresh water capableof being produced by means of the equipment specified in sub-paragraph (h) to provide1/2 litre of water for each 4 or proportion of 4 persons the liferaft is designed to carry; and

(j) first aid equipment.

(3) Items (2)(f) to (j) inclusive shall be contained in a pack.

(4) The number of survival beacon radio apparatus carried when the aircraft is carrying the number ofliferafts specified in column 1 of the following Table shall be not less than the number specified in, orcalculated in accordance with, column 2.

Column 1 Column 2

Not more than 8 liferafts 2 survival beacon radio apparatus

For every additional 4 or proportion of 4 liferafts 1 additional survival beacon radio apparatus

Scale KK

(1) A survival emergency locator transmitter capable of operating in accordance with the relevantprovisions of Annex 10 to the Chicago Convention, Volume III (Fifth Edition July 1995) and oftransmitting on 121.5 MHz and 406 MHz.

(2) An automatic emergency locator transmitter capable of operating in accordance with the relevantprovisions of Annex 10 to the Chicago Convention, Volume III (Fifth Edition July 1995) and transmittingon 121.5 MHz and 406 MHz.

(3) An automatically deployable emergency locator transmitter capable of operating in accordancewith the relevant provisions of Annex 10 to the Chicago Convention, Volume III (Fifth Edition July 1995)and transmitting on 121.5 MHz and 406 MHz.

Scale L1

Part I

(1) In every flying machine which is provided with means for maintaining a pressure greater than700 hectopascals throughout the flight in the flight crew compartment and in the compartments in whichthe passengers are carried—

(a) a supply of oxygen suYcient, in the event of failure to maintain such pressure, occurring in thecircumstances specified in columns 1 and 2 of the Table set out in Part II, for continuous use,during the periods specified in column 3 of the said Table, by the persons for whom oxygen isto be provided in accordance with column 4 of that Table; and

(b) in addition, in every case where the flying machine flies above flight level 350, a supply of oxygenin a portable container suYcient for the simultaneous first aid treatment of 2 passengers;

together with suitable and suYcient apparatus to enable such persons to use the oxygen.

(2) In any other flying machine—

(a) a supply of oxygen suYcient for continuous use by all the crew other than the flight crew, and ifpassengers are carried, by 10% of the number of passengers, for any period exceeding 30 minutesduring which the flying machine flies above flight level 100 but not above flight level 130 and theflight crew shall be supplied with oxygen suYcient for continuous use for any period duringwhich the flying machine flies above flight level 100; and

(b) a supply of oxygen suYcient for continuous use by all persons on board for the whole timeduring which the flying machine flies above flight level 130;

together with suitable and suYcient apparatus to enable such persons to use the oxygen.

119

(3) The quantity of oxygen required for the purpose of complying with paragraphs (1) and (2) of thisPart shall be computed in accordance with the information and instructions relating thereto specified inthe operations manual relating to the aircraft under paragraph 1(f) of Part A of Schedule 9.

Part II

Column 1 Column 2 Column 3 Column 4Vertical displacement of Capability of flying Period of supply of Persons for whomthe flying machine in machine to descend oxygen oxygen is to be providedrelation to flight levels (where relevant)

Above flight level 100

{— { 30 minutes or the In addition to any

{{

period specified at A passengers for whom

{

hereunder whichever is oxygen is provided as

{

the greater specified below, all thecrew

Flying machine is either 30 minutes or the 10% of number offlying at or below flight period specified at A passengerslevel 150 or is capable hereunder whichever isof descending and the greatercontinuing todestination as specifiedat X hereunder

Above flight level 100 10 minutes or the All passengersbut not above flight period specified at Blevel 300 hereunder whichever is

the greater

Flying machine is flying and in addition 30 10% of number ofabove flight level 150 minutes or the period passengersand is not so capable specified at C

hereunder whichever isthe greater

Flying machine is 30 minutes or the 15% of number ofcapable of descending period specified at A passengersand continuing to hereunder whichever isdestination as specified the greaterat Y hereunder

Above flight level 300 10 minutes or the All passengersbut not above flight period specified at Blevel 350 hereunder whichever is

the greater

Flying machine is not and in addition 30 15% of passengersso capable minutes or the period

specified at Chereunder whichever isthe greater

10 minutes or the All passengersperiod specified at Bhereunder whichever isthe greater

Above flight level 350 and in addition 30 15% of number ofminutes or the period passengersspecified at Chereunder whichever isthe greater

120

A. The whole period during which, after a failure to maintain a pressure greater than 700 hectopascalsin the control compartment and in the compartments in which passengers are carried has occurred, theflying machine flies above flight level 100.

B. The whole period during which, after a failure to maintain such pressure has occurred, the flyingmachine flies above flight level 150.

C. The whole period during which, after a failure to maintain such pressure has occurred, the flyingmachine flies above flight level 100, but not above flight level 150.

X. The flying machine is capable, at the time when a failure to maintain such pressure occurs, ofdescending in accordance with the emergency descent procedure specified in the relevant flight manualand without flying below the minimum altitudes for safe flight specified in the operations manual relatingto the aircraft, to flight level 150 within 6 minutes, and of continuing at or below that flight level to itsplace of intended destination or any other place at which a safe landing can be made.

Y. The flying machine is capable, at the time when a failure to maintain such pressure occurs, ofdescending in accordance with the emergency descent procedure specified in the relevant flight manualand without flying below the minimum altitudes for safe flight specified in the operations manual relatingto the aircraft, to flight level 150 within 4 minutes, and of continuing at or below that flight level to itsplace of intended destination or any other place at which a safe landing can be made.

Scale L2

(1) A supply of oxygen and the associated equipment to meet the requirements set out in Part I in thecase of unpressurised aircraft and Part II in the case of pressurised aircraft.

(2) The duration for the purposes of this Scale shall be whichever is the greater of—

(a) that calculated in accordance with the operations manual prior to the commencement of theflight, being the period or periods which it is reasonably anticipated that the aircraft will be flownin the circumstances of the intended flight at a height where the said requirements apply and incalculating the said duration account shall be taken of—

(i) in the case of pressurised aircraft, the possibility of depressurisation when flying above flightlevel 100;

(ii) the possibility of failure of one or more of the aircraft engines;

(iii) restrictions due to required minimum safe altitude;

(iv) fuel requirement; and

(v) the performance of the aircraft; or

(b) the period or periods during which the aircraft is actually flown in the circumstances specifiedin the said Parts.

Part I

Unpressurised aircraft

(1) When flying at or below flight level 100—

Nil.

(2) When flying above flight level 100 but not exceeding flight level 120—

Supply for Duration

(a) Members of the flight crew Any period during which the aircraft flies aboveflight level 100

(b) Members of the cabin crew and 10% of For any continuous period exceeding 30 minutespassengers during which the aircraft flies above flight level 100

but not exceeding flight level 120, the duration shallbe the period by which 30 minutes is exceeded

(3) When flying above flight level 120—

Supply for Duration

(a) Members of the flight crew Any period during which the aircraft flies aboveflight level 120

(b) Members of the cabin crew and all Any period during which the aircraft flies abovepassengers flight level 120

121

Part II

Pressurised aircraft

(1) When flying at or below flight level 100—

Nil.

(2) When flying above flight level 100 but not exceeding flight level 250—

Supply for Duration

(a) Members of the flight crew 30 minutes or whenever the cabin pressure altitudeexceeds 10,000 ft, whichever is the greater

(b) Members of the cabin crew and 10% of (i) When the aircraft is capable of descending andpassengers continuing to its destination as specified at A

hereunder, 30 minutes or whenever the cabinpressure altitude exceeds 10,000 ft, whichever is thegreater

(ii) When the aircraft is not so capable, wheneverthe cabin pressure altitude is greater than 10,000 ftbut does not exceed 12,000 ft

(c) Members of the cabin crew and all (i) When the aircraft is capable of descending andpassengers continuing to its destination as specified at A

hereunder, no requirement other than that at(2)(b)(aa) of this Part of this Scale

(ii) When the aircraft is not so capable and thecabin pressure altitude exceeds 12,000 ft, theduration shall be the period when the cabin pressurealtitude exceeds 12,000 ft or 10 minutes, whicheveris the greater

(3) When flying above flight level 250—

Supply for Duration

(a) Members of the flight crew 2 hours or whenever the cabin pressure altitudeexceeds 10,000 ft, whichever is the greater

(b) Members of the cabin crew Whenever the cabin pressure altitude exceeds10,000 ft, and a portable supply for 15 minutes

(c) 10% of passengers Whenever the cabin pressure altitude exceeds10,000 ft but does not exceed 12,000 ft

(d) 30% of passengers Whenever the cabin pressure altitude exceeds12,000 ft but does not exceed 15,000 ft

(e) All passengers If the cabin pressure altitude exceeds 15,000 ft, theduration shall be the period when the cabin pressurealtitude exceeds 15,000 ft or 10 minutes, whicheveris the greater

(f) 2% of passengers or 2 passengers, Whenever, after decompression, the cabin pressurewhichever is the greater, being a supply altitude exceeds 8,000 ftof first aid oxygen which must beavailable for simultaneous first aidtreatment of 2% or 2 passengerswherever they are seated in the aircraft

A. The flying machine is capable, at the time when a failure to maintain cabin pressurisation occurs, ofdescending in accordance with the emergency descent procedure specified in the relevant flight manualand without flying below the minimum altitudes for safe flight specified in the operations manual relatingto the aircraft, to flight level 120 within 5 minutes and of continuing at or below that flight level to its placeof intended destination or any other place at which a safe landing can be made.

Scale M

Equipment to prevent the impairment through ice formation of the functioning of the controls, means ofpropulsion, lifting surfaces, windows or equipment of the aircraft so as to endanger the safety of theaircraft.

Scale N

An intercommunication system for use by all members of the flight crew and including microphones, notof a hand-held type, for use by the pilot and flight engineer (if any).

122

Scale O

(1) Subject to paragraph (2), a radar set capable of giving warning to the pilot in command of theaircraft and to the co-pilot of the presence of cumulo-nimbus clouds and other potentially hazardousweather conditions.

(2) A flight may commence if the set is unserviceable or continue if the set becomes unserviceablethereafter—

(a) so as to give the warning only to one pilot, so long as the aircraft is flying only to the place atwhich it first becomes reasonably practicable for the set to be repaired; or

(b) when the weather report or forecasts available to the commander of the aircraft indicate thatcumulo-nimbus clouds or other potentially hazardous weather conditions, which can bedetected by the set when in working order, are unlikely to be encountered on the intended routeor any planned diversion therefrom or the commander has satisfied himself that any suchweather conditions will be encountered in daylight and can be seen and avoided, and the aircraftis in either case operated throughout the flight in accordance with any relevant instructions givenin the operations manual.

Scale P

(1) Subject to paragraphs (2) and (5), a flight data recorder which is capable of recording, by referenceto a time-scale, the following data—

(a) indicated airspeed;

(b) indicated altitude;

(c) vertical acceleration;

(d) magnetic heading;

(e) pitch attitude, if the equipment provided in the aeroplane is of such a nature as to enable thisitem to be recorded;

(f) engine power, if the equipment provided in the aeroplane is of such a nature as to enable thisitem to be recorded;

(g) flap position;

(h) roll attitude, if the equipment provided in the aeroplane is of such a nature as to enable this itemto be recorded.

(2) Subject to paragraph (5), any aeroplane having a maximum total weight authorised not exceeding11,400 kg may be provided with—

(a) a flight data recorder capable of recording the data described in paragraph (1)(a) to (1)(h); or

(b) a 4 channel cockpit voice recorder.

(3) Subject to paragraph (5), in addition, on all flights by turbine-powered aeroplanes having amaximum total weight authorised exceeding 11,400 kg, a 4 channel cockpit voice recorder.

(4) The flight data recorder and cockpit voice recorder referred to above shall be so constructed thatthe record would be likely to be preserved in the event of an accident to the aeroplane.

(5) An aeroplane shall not be required to carry the said equipment if, before take oV, the equipment isfound to be unserviceable and the aircraft flies in accordance with arrangements approved by the CAA.

Scale Q

If the maximum total weight authorised of the aeroplane exceeds 5,700 kg and it was first registered,whether in the United Kingdom or elsewhere, on or after 1st June 1965, a door between the flight crewcompartment and any adjacent compartment to which passengers have access, which door shall be fittedwith a lock or bolt capable of being worked from the flight crew compartment.

Scale R

(1) In respect of—

(a) aeroplanes having a maximum total weight authorised exceeding 5,700 kg, equipment suYcientto protect the eyes, nose and mouth of all members of the flight crew required to be carried byvirtue of article 25 for a period of not less than 15 minutes and, in addition, where the minimumflight crew required as aforesaid is more than one and a member of the cabin crew is not requiredto be carried by virtue of article 25, portable equipment suYcient to protect the eyes, nose andmouth of one member of the flight crew for a period of not less than 15 minutes;

(b) aeroplanes having a maximum total weight authorised not exceeding 5,700 kg, either theequipment specified in sub-paragraph (1)(a) or, in the case of such aeroplanes restricted by virtueof the operator’s operations manual to flight at or below flight level 250 and capable ofdescending as specified at paragraph (4) such equipment suYcient to protect the eyes only.

123

(2) In respect of—

(a) aeroplanes having a maximum total weight authorised exceeding 5,700 kg, portable equipmentto protect the eyes, nose and mouth of all members of the cabin crew required to be carried byvirtue of article 25 for a period of not less than 15 minutes;

(b) aeroplanes having a maximum total weight authorised not exceeding 5,700 kg, subject toparagraph (3), the equipment specified in sub-paragraph (2)(a).

(3) Sub-paragraph (2)(b) shall not apply to such aeroplanes restricted by virtue of the operator’soperations manual to flight at or below flight level 250 and capable of descending as specified atparagraph (4).

(4) The aeroplane is capable of descending in accordance with the emergency descent procedurespecified in the relevant flight manual and without flying below the minimum altitudes for safe flightspecified in the operations manual relating to the aeroplane, to flight level 100 within 4 minutes and ofcontinuing at or below that flight level to its place of intended destination or any other place at which asafe landing can be made.

Scale S

(1) Subject to paragraphs (7) and (8), either a 4 channel cockpit voice recorder or a flight data recordercapable of recording by reference to a time scale the data required to determine the following mattersaccurately in respect of the aeroplane: the flight path, attitude and the basic lift, thrust and drag forcesacting upon it.

(2) Subject to paragraphs (7) and (8), a 4 channel cockpit voice recorder and a flight data recordercapable of recording by reference to a time scale the data required to determine the following mattersaccurately in respect of the aeroplane: the information specified in paragraph (1) together with use of VHFtransmitters.

(3) Subject to paragraphs (7) and (8), a 4 channel cockpit voice recorder and a flight data recordercapable of recording by reference to a time scale the data required to determine the following mattersaccurately in respect of the aeroplane: the flight path, attitude, the basic lift, thrust and drag forces actingupon it, the selection of high lift devices (if any) and airbrakes (if any), the position of primary flyingcontrol and pitch trim surfaces, outside air temperature, instrument landing deviations, use of automaticflight control systems, use of VHF transmitters, radio altitude (if any), the level or availability of essentialAC electricity supply and cockpit warnings relating to engine fire and engine shut-down, cabinpressurisation, presence of smoke and hydraulic/pneumatic power supply.

(4) Subject to paragraphs (7) and (8), either a cockpit voice recorder and a flight data recorder or acombined cockpit voice recorder/flight data recorder capable in either case of recording by reference to atime scale the data required to determine the following matters accurately in respect of the aeroplane—

(a) the flight path;

(b) speed;

(c) attitude;

(d) engine power;

(e) outside air temperature;

(f) configuration of lift and drag devices;

(g) use of VHF transmitters; and

(h) use of automatic flight control systems.

(5) Subject to paragraphs (7) and (8), a cockpit voice recorder and a flight data recorder capable ofrecording by reference to a time scale the data required to determine the following matters accurately inrespect of the aeroplane—


(b) speed;

(c) attitude;

(d) engine power;


(f) configuration of lift and drag devices;

(g) use of VHF transmitters; and

(h) use of automatic flight control systems.

(6) Subject to paragraphs (7) and (8), a cockpit voice recorder and a flight data recorder capable ofrecording by reference to a time scale the data required to determine the following matters accurately inrespect of the aeroplane—


(b) speed;

(c) attitude;

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(d) engine power;


(f) instrument landing system deviations;

(g) marker beacon passage;

(h) radio altitude;

(i) configuration of the landing gear and lift and drag devices;

(j) position of primary flying controls;

(k) pitch trim position;

(l) use of automatic flight control systems;

(m) use of VHF transmitters;

(n) ground speed/drift angle or latitude/longitude if the navigational equipment provided in theaeroplane is of such a nature as to enable this information to be recorded with reasonablepracticability;

(o) cockpit warnings relating to ground proximity; and

(p) the master warning system.

(7) An aircraft shall not be required to carry the equipment specified in paragraphs (1) to (6) if, beforetake-oV, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangementsapproved by the CAA.

(8) The cockpit voice recorder or flight data recorder or combined cockpit voice recorder/flight datarecorder, as the case may be, shall be so constructed that the record would be likely to be preserved in theevent of an accident.

Scale SS

(1) Subject to paragraphs (4) and (5), a 4 channel cockpit voice recorder capable of recording andretaining the data recorded during at least the last 30 minutes of its operation and a flight data recordercapable of recording and retaining the data recorded during at least the last 8 hours of its operation beingthe data required to determine by reference to a time scale the following matters accurately in respect ofthe helicopter or gyroplane—

(a) flight path;

(b) speed;

(c) attitude;

(d) engine power;

(e) main rotor speed;

(f) outside air temperature;

(g) position of pilot’s primary flight controls;

(h) use of VHF transmitters;

(i) use of automatic flight controls (if any);

(j) use of stability augmentation system (if any);

(k) cockpit warnings relating to the master warning system; and

(l) selection of hydraulic system and cockpit warnings of failure of essential hydraulic systems.

(2) Subject to paragraphs (4) and (5), a 4 channel cockpit voice recorder capable of recording andretaining the data recorded during at least the last 30 minutes of its operation and a flight data recordercapable of recording and retaining the data recorded during at least the last 8 hours of its operation beingthe data required to determine by reference to a time scale the information specified in paragraph (1)together with the following matters accurately in respect of the helicopter or gyroplane—

(a) landing gear configuration;

(b) indicated sling load force if an indicator is provided in the helicopter or gyroplane of such anature as to enable this information to be recorded with reasonable practicability;

(c) radio altitude;

(d) instrument landing system deviations;

(e) marker beacon passage;

(f) ground speed/drift angle or latitude/longitude if the navigational equipment provided in thehelicopter or gyroplane is of such a nature as to enable this information to be recorded withreasonable practicability; and

(g) main gear box oil temperature and pressure.

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(3) Subject to paragraphs (4) and (5)—

(a) a combined cockpit voice recorder/flight data recorder which meets the followingrequirements—

(i) in the case of a helicopter or gyroplane which is otherwise required to carry a flight datarecorder specified at paragraph (1) the flight data recorder shall be capable of recording thedata specified therein and retaining it for the duration therein specified;

(ii) in the case of a helicopter or gyroplane which is otherwise required to carry a flight datarecorder specified at paragraph (2) the flight data recorder shall be capable of recording thedata specified therein and retaining it for the duration therein specified;

(iii) the cockpit voice recorder shall be capable of recording and retaining at least the last hourof cockpit voice recording information on not less than three separate channels;

(b) in any case when a combined cockpit voice recorder/flight data recorder specified at paragraph(3)(a) is required to be carried by or under this Order, the flight data recorder shall be capableof retaining—

(i) as protected data the data recorded during at least the last 5 hours of its operation or themaximum duration of the flight, whichever is the greater; and

(ii) additional data as unprotected data for a period which together with the period for whichprotected data is required to be retained amounts to a total of 8 hours;provided that the flight data recorder need not be capable of retaining the said additionaldata if additional data is retained which relates to the period immediately preceding theperiod to which the required protected data relates or for such other period or periods asthe CAA may permit under article 62 and the additional data is retained in accordance witharrangements approved by the CAA.

(4) A helicopter or gyroplane shall not be required to carry the equipment specified in paragraphs (1)to (3) if, before take-oV, the equipment is found to be unserviceable and the aircraft flies in accordancewith arrangements approved by the CAA.

(5) With the exception of flight data which it is expressly stated above may be unprotected, the cockpitvoice recorder, flight data recorder or combined cockpit voice recorder/flight data recorder, as the casemay be, shall be so constructed and installed that the record (herein referred to as “protected data”) wouldbe likely to be preserved in the event of an accident and each cockpit voice recorder, flight data recorderor combined cockpit voice recorder/flight data recorder required to be carried on the helicopter orgyroplane shall have attached an automatically activated underwater sonar location device or anemergency locator radio transmitter.

Scale T

An underwater sonar location device except in respect of those helicopters or gyroplanes which arerequired to carry equipment in accordance with Scale SS.

Scale U

(1) 1 survival beacon radio apparatus.

(2) Marine type pyrotechnical distress signals.

(3) For each 4 or proportion of 4 persons on board, 100 grammes of glucose toVee tablets.

(4) For each 4 or proportion of 4 persons on board, 1/2 litre of fresh water in durable containers.

(5) First aid equipment.

Scale V

(1) 1 survival beacon radio apparatus.

(2) Marine type pyrotechnical distress signals.

(3) For each 4 or proportion of 4 persons on board, 100 grammes of glucose toVee tablets.

(4) For each 4 or proportion of 4 persons on board, 1/2 litre of fresh water in durable containers.

(5) First aid equipment.

(6) For every 75 or proportion of 75 persons on board, 1 stove suitable for use with aircraft fuel.

(7) 1 cooking utensil, in which snow or ice can be melted.

(8) 2 snow shovels.

(9) 2 ice saws.

(10) Single or multiple sleeping-bags, suYcient for the use of one-third of all persons on board.

(11) 1 arctic suit for each member of the crew of the aircraft.

126

Scale W

(1) Subject to paragraph (2), cosmic radiation detection equipment calibrated in millirems per hour andcapable of indicating the action and alert levels of radiation dose rate.

(2) An aircraft shall not be required to carry the said equipment if before take-oV the equipment isfound to be unserviceable and it is not reasonably practicable to repair or replace it at the aerodrome ofdeparture and the radiation forecast available to the commander of the aircraft indicates that hazardousradiation conditions are unlikely to be encountered by the aircraft on its intended route or any planneddiversion therefrom.

Scale X

(1) Subject to paragraph (3), a Terrain Awareness and Warning System known as Class A, beingequipment capable of giving warning to the pilot of the potentially hazardous proximity of ground orwater, including excessive closure rate to terrain, flight into terrain when not in landing configuration,excessive downward deviation from an instrument landing system glideslope, a predictive terrain hazardwarning function and a visual display.

(2) Subject to paragraph (3), a Terrain Awareness and Warning System known as Class B, beingequipment capable of giving warning to the pilot of the potentially hazardous proximity of ground orwater, including a predictive terrain hazard warning function.

(3) If the equipment becomes unserviceable, the aircraft may fly or continue to fly until it first lands ata place at which it is reasonably practicable for the equipment to be repaired or replaced.

Scale Y

(1) If the aircraft may in accordance with its certificate of airworthiness carry more than 19 and lessthan 100 passengers, one portable battery-powered megaphone capable of conveying instructions to allpersons in the passenger compartment and readily available for use by a member of the crew.

(2) If the aircraft may in accordance with its certificate of airworthiness carry more than 99 and lessthan 200 passengers, 2 portable battery-powered megaphones together capable of conveying instructionsto all persons in the passenger compartment and each readily available for use by a member of the crew.

(3) If the aircraft may in accordance with its certificate of airworthiness carry more than199 passengers, 3 portable battery-powered megaphones together capable of conveying instructions to allpersons in the passenger compartment and each readily available for use by a member of the crew.

(4) If the aircraft may in accordance with its certificate of airworthiness carry more than19 passengers—

(a) a public address system; and

(b) an interphone system of communication between members of the flight crew and the cabin crew.

Scale Z

(1) An emergency lighting system to provide illumination in the passenger compartment suYcient tofacilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified inparagraph (2) of Scale G.

(2) An emergency lighting system to provide illumination outside the aircraft suYcient to facilitate theevacuation of the aircraft.

(3) An emergency floor path lighting system in the passenger compartment suYcient to facilitate theevacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (2) ofScale G; provided that if the equipment becomes unserviceable the aircraft may fly or continue to fly inaccordance with arrangements approved by the CAA.

127

SCHEDULE 5 Article 20(2)

RADIO COMMUNICATION AND RADIO NAVIGATION EQUIPMENT TO BECARRIED IN AIRCRAFT

1. Subject to paragraph 3, every aircraft shall be provided, when flying in the circumstances specifiedin the first column of the Table in paragraph 2 of this Schedule, with the scales of equipment respectivelyindicated in the second column of that Table; provided that, if the aircraft is flying in a combination ofsuch circumstances the scales of equipment shall not on that account be required to be duplicated.

2. Table

Aircraft and Circumstances of Flight Scale of Equipment Required

A B C D E F G H J

(1) All aircraft (other than gliders) within the UnitedKingdom—

(a) when flying under Instrument Flight Rules within A E1 Fcontrolled airspace

(b) when flying within controlled airspace A

(c) when making an approach to landing at an aerodrome Gnotified for the purpose of this sub-paragraph

(d) when flying for the purpose of public transport E1

(2) All aircraft within the United Kingdom—

(a) when flying at or above flight level 245 A

(b) when flying within airspace notified for the purposes of Athis sub paragraph

(3) All aircraft (other than gliders) within the UnitedKingdom—

(a) when flying at or above flight level 245 E1 F

(b) when flying within airspace notified for the purposes of E1this sub-paragraph

(c) when flying at or above flight level 100 E1

(4) When flying under Instrument Flight Rules within airspacenotified for the purposes of this paragraph—

(a) all aeroplanes having a maximum take-oV weight E2authorised not exceeding 5,700 kg and a maximumcruising true airspeed capability not exceeding 250 knots

(b) all rotorcraft E2

(c) all aeroplanes having either a maximum take-oV weight E3authorised of more than 5,700 kg or a maximumcruising true airspeed capability of more than 250 knots

(d) all aircraft required to carry Scale E2 or E3 EE

(5) All aircraft registered in the United Kingdom, whereverthey may be—

(a) when flying for the purpose of public transport underInstrument Flight Rules—

(i) while making an approach to landing A C D H

(ii) on all other occasions A C H

(b) when flying for the purpose of public transport E1

(c) multi-engined aircraft when flying for the purpose of A Hpublic transport under Visual Flight Rules

(d) single-engined aircraft when flying for the purpose ofpublic transport under Visual Flight Rules—

(i) over a route on which navigation is eVected solely by A Bvisual reference to landmarks

(ii) on all other occasions A

(e) when flying under Instrument Flight Rules within Acontrolled airspace and not required to comply withparagraph (5)(a) above

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Aircraft and Circumstances of Flight Scale of Equipment Required

(6) All aeroplanes registered in the United Kingdom, wherever Jthey may be, and all aeroplanes wherever registered whenflying in the United Kingdom, powered by one or moreturbine jets or turbine propeller engines and either having amaximum take-oV weight exceeding 15,000 kg or with amaximum approved passenger seating configuration ofmore than 30

(7) All aeroplanes powered by one or more turbine jets orturbine propeller engines and either having a maximumtake-oV weight exceeding 5,700 kg or a maximum approvedpassenger seating configuration of more than 19; and—

(a) registered in the United Kingdom and flying for the Jpurpose of public transport; or

(b) registered in the United Kingdom and flying within the Jairspace of the member states of the European CivilAviation Conference; or

(c) flying in the United Kingdom J

3.—(1) In the case of sub-paragraphs (1), (2), (3), (4)(a), (4)(c) and (5)(e) of paragraph 2, the specifiedequipment need not be carried if the appropriate air traYc control unit otherwise permits in relation tothe particular flight and the aircraft complies with any instructions which the air traYc control unit maygive in the particular case.

(2) An aircraft which is not a public transport aircraft and which is flying in Class D or Class E airspaceshall not be required to be provided with distance measuring equipment in accordance with paragraph (b)of Scale F when flying in the circumstances specified in sub-paragraph (1)(a) of paragraph 2.

4. The scales of radio communication and radio navigation equipment indicated in the foregoingTable shall be as follows—

Scale A

Radio communication equipment capable of maintaining direct two-way communication with theappropriate aeronautical radio stations.

Scale B

Radio navigation equipment capable of enabling the aircraft to be navigated on the intended routeincluding such equipment as may be prescribed.

Scale C

Radio communication equipment capable of receiving from the appropriate aeronautical radio stationsmeteorological broadcasts relevant to the intended flight.

Scale D

Radio navigation equipment capable of receiving signals from one or more aeronautical radio stations onthe surface to enable the aircraft to be guided to a point from which a visual landing can be made at theaerodrome at which the aircraft is to land.

Scale E1

Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capableof operating in Mode A andMode C and is capable of being operated in accordance with such instructionsas may be given to the aircraft by the air traYc control unit.

Scale E2

Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capableof operating in Mode A and Mode C and has the capability and functionality prescribed for Mode SElementary Surveillance and is capable of being operated in accordance with such instructions as may begiven to the aircraft by the air traYc control unit.

129

Scale E3

Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capableof operating in Mode A and Mode C and has the capability and functionality prescribed for Mode SEnhanced Surveillance and is capable of being operated in accordance with such instructions as may begiven to the aircraft by the air traYc control unit.

Scale EE

The aircraft shall, in the circumstances specified in paragraph 2.1.5.3 of Volume IV (Third Edition July2002) of Annex 10 to the Chicago Convention, comply with the requirements for antenna diversity set outin that paragraph.

Scale F

Radio communication and radio navigation equipment capable of enabling the aircraft to be navigatedalong the intended route including—

(a) automatic direction finding equipment;

(b) distance measuring equipment; and

(c) VHF omni-range equipment.

Scale G

Radio navigation equipment capable of enabling the aircraft to make an approach to landing using theInstrument Landing System.

Scale H

(1) Subject to paragraphs (2) and (3), radio navigation equipment capable of enabling the aircraft tobe navigated on the intended route including—

(a) automatic direction finding equipment;

(b) distance measuring equipment;

(c) duplicated VHF omni-range equipment; and

(d) a 75 MHz marker beacon receiver.

(2) An aircraft may fly notwithstanding that it does not carry the equipment specified in this Scale if itcarries alternative radio navigation equipment or navigational equipment approved in accordance witharticle 19(9).

(3) Where not more than one item of equipment specified in this Scale is unserviceable when the aircraftis about to begin a flight, the aircraft may nevertheless take oV on that flight if—

(a) it is not reasonably practicable for the repair or replacement of that item to be carried out beforethe beginning of the flight;

(b) the aircraft has not made more than one flight since the item was last serviceable; and

(c) the commander of the aircraft has satisfied himself that, taking into account the latestinformation available as to the route and aerodrome to be used (including any planneddiversion) and the weather conditions likely to be encountered, the flight can be made safely andin accordance with any relevant requirements of the appropriate air traYc control unit.

Scale J

An airborne collision avoidance system.

5. In this Schedule—

(1) ‘Airborne collision avoidance system’ means an aeroplane system which conforms to requirementsprescribed for the purpose; is based on secondary surveillance radar transponder signals; operatesindependently of ground based equipment and which is designed to provide advice and appropriateavoidance manoeuvres to the pilot in relation to other aeroplanes which are equipped with secondarysurveillance radar and are in undue proximity;

(2) ‘Automatic direction finding equipment’ means radio navigation equipment which automaticallyindicates the bearing of any radio station transmitting the signals received by such equipment;

(3) ‘Distance measuring equipment’ means radio equipment capable of providing a continuousindication of the aircraft’s distance from the appropriate aeronautical radio stations;

(4) ‘Mode A’ means replying to an interrogation from secondary surveillance radar units on the surfaceto elicit transponder replies for identity and surveillance with identity provided in the form of a4 digit identity code;

(5) ‘Mode C’ means replying to an interrogation from secondary surveillance radar units on the surfaceto elicit transponder replies for automatic pressure-altitude transmission and surveillance;

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(6) ‘Secondary surveillance radar equipment’ means such type of radio equipment as may be notifiedas being capable of—

(a) replying to an interrogation from secondary surveillance radar units on the surface; and

(b) being operated in accordance with such instructions as may be given to the aircraft by theappropriate air traYc control unit;

(7) ‘VHF omni-range equipment’ means radio navigation equipment capable of giving visualindications of bearings of the aircraft by means of signals received from very high frequency omni-directional radio ranges.


AIRCRAFT, ENGINE AND PROPELLER LOG BOOKS

Aircraft log book

1. The following entries shall be included in the aircraft log book—

(1) the name of the constructor, the type of the aircraft, the number assigned to it by the constructorand the date of the construction of the aircraft;

(2) the nationality and registration marks of the aircraft;

(3) the name and address of the operator of the aircraft;

(4) the date of each flight and the duration of the period between take-oV and landing, or, if more thanone flight was made on that day, the number of flights and the total duration of the periods between take-oVs and landings on that day;

(5) subject to paragraph (8), particulars of all maintenance work carried out on the aircraft or itsequipment;

(6) subject to paragraph (8), particulars of anydefects occurring in theaircraft or in any equipment requiredto be carried therein byor under thisOrder, andof the action taken to rectify such defects including a referenceto the relevant entries in the technical log or approved record required by article 15(2) and (3);

(7) subject to paragraph (8), particulars of any overhauls, repairs, replacements and modificationsrelating to the aircraft or any such equipment as aforesaid;

(8) entries shall not be required to be made under paragraphs (5), (6) and (7) in respect of any engineor variable pitch propeller.

Engine log book

2. The following entries shall be included in the engine log book—

(1) the name of the constructor, the type of engine, the number assigned to it by the constructor andthe date of the construction of the engine;

(2) the nationality and registration marks of each aircraft in which the engine is fitted;

(3) the name and address of the operator of each such aircraft;

(4) either—

(a) the date of each flight and the duration of the period between take-oV and landing or, if morethan one flight was made on that day, the number of flights and the total duration of the periodsbetween take-oVs and landings on that day; or

(b) the aggregate duration of periods between take-oV and landing for all flights made by thataircraft since the immediately preceding occasion that any maintenance, overhaul, repair,replacement, modification or inspection was undertaken on the engine;

(5) particulars of all maintenance work done on the engine;

(6) particulars of any defects occurring in the engine, and of the rectification of such defects, includinga reference to the relevant entries in the technical log or approved record required by article 15(2) and (3);

(7) particulars of all overhauls, repairs, replacements and modifications relating to the engine or anyof its accessories.

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Variable pitch propeller log book

3. The following entries shall be included in the variable pitch propeller log book—

(1) the name of the constructor, the type of propeller, the number assigned to it by the constructor andthe date of the construction of the propeller;

(2) the nationality and registration marks of each aircraft, and the type and number of each engine, towhich the propeller is fitted;

(3) the name and address of the operator of each such aircraft;

(4) either—

(a) the date of each flight and the duration of the period between take-oV and landing or, if morethan one flight was made on that day, the number of flights and the total duration of the periodsbetween take-oVs and landings on that day; or

(b) the aggregate duration of periods between take-oV and landing for all flights made by thataircraft since the immediately preceding occasion that any maintenance, overhaul, repair,replacement, modification or inspection was undertaken on the propeller;

(5) particulars of all maintenance work done on the propeller;

(6) particulars of any defects occurring in the propeller, and of the rectification of such defects, includinga reference to the relevant entries in the technical log or approved record required by article 15(2) and (3);

(7) particulars of any overhauls, repairs, replacements and modifications relating to the propeller.


AREAS SPECIFIED IN CONNECTION WITH THE CARRIAGE OF FLIGHTNAVIGATORS AS MEMBERS OF THE FLIGHT CREWS OR SUITABLENAVIGATIONAL EQUIPMENT ON PUBLIC TRANSPORT AIRCRAFT

The following areas are hereby specified for the purposes of article 25(9)—

Area A—Arctic

All that area north of latitude 68) north, but excluding any part within the area enclosed by rhumb linesjoining successively the following points—

68) north latitude 00) east/west longitude73) north latitude 15) east longitude73) north latitude 30) east longitude68) north latitude 45) east longitude68) north latitude 00) east/west longitude

Area B—AntarcticAll that area south of latitude 55) south.

Area C—Sahara

All that area enclosed by rhumb lines joining successively the following points—

30) north latitude 05) west longitude24) north latitude 11) west longitude14) north latitude 11) west longitude14) north latitude 28) east longitude24) north latitude 28) east longitude28) north latitude 23) east longitude30) north latitude 15) east longitude30) north latitude 05) west longitude

Area D—South America


04) north latitude 72) west longitude04) north latitude 60) west longitude08) south latitude 42) west longitude18) south latitude 54) west longitude18) south latitude 60) west longitude14) south latitude 72) west longitude05) south latitude 76) west longitude04) north latitude 72) west longitude

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Area E—Pacific Ocean


60) north latitude 180) east/west longitude20) north latitude 128) east longitude04) north latitude 128) east longitude04) north latitude 180) east/west longitude55) south latitude 180) east/west longitude55) south latitude 82) west longitude25) south latitude 82) west longitude60) north latitude 155) west longitude60) north latitude 180) east/west longitude

Area F—Australia


18) south latitude 123) east longitude30) south latitude 118) east longitude30) south latitude 135) east longitude18) south latitude 123) east longitude

Area G—Indian Ocean


35) south latitude 110) east longitude55) south latitude 180) east/west longitude55) south latitude 10) east longitude40) south latitude 10) east longitude25) south latitude 60) east longitude20) south latitude 60) east longitude05) south latitude 43) east longitude10) north latitude 55) east longitude10) north latitude 73) east longitude04) north latitude 77) east longitude04) north latitude 92) east longitude10) south latitude 100) east longitude10) south latitude 110) east longitude35) south latitude 110) east longitude

Area H—North Atlantic Ocean


55) north latitude 15) west longitude68) north latitude 28) west longitude68) north latitude 60) west longitude45) north latitude 45) west longitude40) north latitude 60) west longitude40) north latitude 19) west longitude55) north latitude 15) west longitude

Area I—South Atlantic Ocean


40) north latitude 60) west longitude18) north latitude 60) west longitude05) south latitude 30) west longitude55) south latitude 55) west longitude55) south latitude 10) east longitude40) south latitude 10) east longitude02) north latitude 05) east longitude02) north latitude 10) west longitude15) north latitude 25) west longitude40) north latitude 19) west longitude40) north latitude 60) west longitude

Area J—Northern Canada


68) north latitude 130) west longitude

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55) north latitude 115) west longitude55) north latitude 70) west longitude68) north latitude 60) west longitude68) north latitude 130) west longitude

Area K—Northern Asia


68) north latitude 56) east longitude68) north latitude 160) east longitude50) north latitude 125) east longitude50) north latitude 56) east longitude68) north latitude 56) east longitude

Area L—Southern Asia


50) north latitude 56) east longitude50) north latitude 125) east longitude40) north latitude 110) east longitude30) north latitude 110) east longitude30) north latitude 80) east longitude35) north latitude 80) east longitude35) north latitude 56) east longitude50) north latitude 56) east longitude

SCHEDULE 8 Articles 27, 28, 29, 30 and 31

FLIGHT CREW OF AIRCRAFT—LICENCES, RATINGS, QUALIFICATIONSAND MAINTENANCE OF LICENCE PRIVILEGES

PART A

Flight crew licences

SECTION 1

United Kingdom Licences

SUB-SECTION 1

Aeroplane pilots

Private Pilot’s Licence (Aeroplanes)Minimum age—17 years

No maximum period of validity

Privileges:

(1) Subject to paragraph (2), the holder of a Private Pilot’s Licence (Aeroplanes) shall be entitled to flyas pilot in command or co-pilot of an aeroplane of any of the types or classes specified or otherwise fallingwithin an aircraft rating included in the licence.

(2) He shall not—

(a) fly such an aeroplane for the purpose of public transport or aerial work save as hereinafterprovided—

(i) he may fly such an aeroplane for the purpose of aerial work which consists of—

(aa) the giving of instruction in flying, if his licence includes a flying instructor’s rating,class rating instructor rating, flight instructor rating or an assistant flying instructor’srating; or

(bb) the conducting of flying tests for the purposes of this Order;

in either case in an aeroplane owned, or operated under arrangements entered into, by a flyingclub of which the person giving the instruction or conducting the test and the person receivingthe instruction or undergoing the test are both members;

(ii) he may fly such an aeroplane for the purpose of aerial work which consists of—

(aa) towing a glider in flight; or

(bb) a flight for the purpose of dropping of persons by parachute;

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in either case in an aeroplane owned, or operated under arrangements entered into, by a flyingclub of which the holder of the licence and any person carried in the aircraft or in any glidertowed by the aircraft are members;

(b) receive any remuneration for his services as a pilot on a flight save that if his licence includes aflying instructor’s rating, a flight instructor rating or an assistant flying instructor’s rating byvirtue of which he is entitled to give instruction in flying microlight aeroplanes or self-launchingmotor gliders he may receive remuneration for the giving of such instruction or the conductingof such flying tests as are specified in sub-paragraph (a)(i) in a microlight aircraft or a selflaunching motor glider;

(c) unless his licence includes an instrument rating (aeroplane) or an instrument meteorologicalconditions rating (aeroplanes), fly as pilot in command of such an aeroplane—

(i) on a flight outside controlled airspace when the flight visibility is less than 3 km;

(ii) on a special VFR flight in a control zone in a flight visibility of less than 10 km except on aroute or in an aerodrome traYc zone notified for the purpose of this sub-paragraph; or

(iii) out of sight of the surface;

(d) fly as pilot in command of such an aeroplane at night unless his licence includes a night rating(aeroplanes) or a night qualification (aeroplane);

(e) unless his licence includes an instrument rating (aeroplane), fly as pilot in command or co-pilotof such an aeroplane flying in Class A, B or C airspace in circumstances which requirecompliance with the Instrument Flight Rules;

(f) unless his licence includes an instrument rating (aeroplane) or an instrument meteorologicalconditions rating (aeroplanes), fly as pilot in command or co-pilot of such an aeroplane flyingin Class D or E airspace in circumstances which require compliance with the Instrument FlightRules; or

(g) fly as pilot in command of such an aeroplane carrying passengers unless within the preceding 90days he has made at least three take-oVs and three landings as the sole manipulator of thecontrols of an aeroplane of the same type or class and if such a flight is to be carried out at nightand his licence does not include an instrument rating (aeroplane) at least one of those take-oVsand landings shall have been at night.

Basic Commercial Pilot’s Licence (Aeroplanes)Minimum age—18 years

Maximum period of validity—10 years

Privileges:

(1) The holder of a Basic Commercial Pilot’s Licence (Aeroplanes) shall be entitled to exercise theprivileges of a United Kingdom Private Pilot’s Licence (Aeroplanes).

(2) Subject to paragraphs (3) and (7), he shall be entitled to fly as pilot in command of an aeroplane ofa type or class on which he is so qualified and which is specified in an aircraft rating included in the licencewhen the aeroplane is engaged on a flight for any purpose whatsoever.

(3) He shall not—

(a) fly such an aeroplane on a flight for the purpose of public transport if he has less than 400 hoursof flying experience as pilot in command of aeroplanes other than self-launching motor glidersor microlight aeroplanes;

(b) fly such an aeroplane on a flight for the purpose of public transport if its maximum total weightauthorised exceeds 2,300 kg;

(c) fly such an aeroplane on any scheduled journey;

(d) fly such an aeroplane on a flight for the purpose of public transport except a flight beginning andending at the same aerodrome and not extending beyond 25 nautical miles from that aerodrome;

(e) fly such an aeroplane on a flight for the purpose of public transport after he attains the age of60 years unless the aeroplane is fitted with dual controls and carries a second pilot who has notattained the age of 60 years and who holds an appropriate licence under this Order entitling himto act as pilot in command or co-pilot of that aeroplane;

(f) fly such an aeroplane at night, unless his licence includes a night rating (aeroplanes) or a nightqualification (aeroplane);

(g) unless his licence includes an instrument rating (aeroplane) or an instrument meteorologicalconditions rating (aeroplanes), fly as pilot in command of such an aeroplane—


(ii) on a special VFR flight in a control zone in a flight visibility of less than 10 km except on aroute or in an aerodrome traYc zone notified for the purposes of this sub-paragraph; or


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(h) unless his licence includes an instrument rating (aeroplane), fly as pilot in command or co-pilotof such an aeroplane flying in Class A, B or C airspace in circumstances which requirecompliance with the Instrument Flight Rules;

(i) unless his licence includes an instrument rating (aeroplane) or an instrument meteorologicalconditions rating (aeroplanes), fly as pilot in command or co-pilot of such an aeroplane flyingin Class D or E airspace in circumstances which require compliance with the Instrument FlightRules; or

(j) fly as pilot in command of such an aeroplane carrying passengers unless within the preceding 90days he has made at least three take-oVs and three landings as the sole manipulator of thecontrols of an aeroplane of the same type or class and if the flight is to be undertaken at nightand his licence does not include an instrument rating (aeroplane) at least one of those take-oVsand landings shall have been at night.

(4) Subject to paragraph (5), he shall be entitled to fly as pilot in command of an aeroplane of a typeor class specified in an instructor’s rating included in the licence on a flight for the purpose of aerial workwhich consists of—

(a) the giving of instruction in flying; or

(b) the conducting of flying tests for the purposes of this Order;

in either case in an aeroplane owned, or operated under arrangements entered into, by a flying club ofwhich the person giving the instruction or conducting the test and the person receiving the instruction orundergoing the test are both members.

(5) He shall not be entitled to exercise the privileges contained in paragraph (4) other than in anaeroplanewhich he is entitled to fly as pilot in commandon a private flight, an aerial work flight or a publictransport flight under the privileges set out in paragraph (1) or (2) of these privileges.

(6) Subject to paragraph (7) he shall be entitled to fly as co-pilot of any aeroplane of a type specifiedin an aircraft rating included in the licence when the aeroplane is engaged on a flight for any purposewhatsoever provided that he shall not be entitled to fly as co-pilot of an aeroplane which is engaged on aflight for the purpose of public transport unless he has more than 400 hours of flying experience as pilotin command of aeroplanes other than self-launching motor gliders and microlight aeroplanes and theaeroplane is certificated for single pilot operation.

(7) He shall not at any time after he attains the age of 65 years act as pilot in command or co-pilot ofany aeroplane on a flight for the purpose of public transport.

Commercial Pilot’s Licence (Aeroplanes)Minimum age—18 years


Privileges:

(1) The holder of a Commercial Pilot’s Licence (Aeroplanes) shall be entitled to exercise the privilegesof a United Kingdom Private Pilot’s Licence (Aeroplanes) which includes an instrument meteorologicalconditions rating (aeroplanes) and a night rating (aeroplanes) or night qualification (aeroplane), and shallbe entitled to fly as pilot in command of an aeroplane—

(a) on a special VFR flight notwithstanding that the flight visibility is less than 3 km;

(b) when the aeroplane is taking oV or landing at any place notwithstanding that the flight visibilitybelow cloud is less than 1,800 metres.

(2) Subject to paragraphs (3) and (7), he shall be entitled to fly as pilot in command of an aeroplane ofa type or class on which he is so qualified and which is specified in an aircraft rating included in the licencewhen the aeroplane is engaged on a flight for any purpose whatsoever.

(3) He shall not—

(a) unless his licence includes an instrument rating (aeroplane), fly such an aeroplane on anyscheduled journey;

(b) fly as pilot in command of an aeroplane carrying passengers unless he has carried out at leastthree take-oVs and three landings as pilot flying in an aeroplane of the same type or class or ina flight simulator, approved for the purpose, of the aeroplane type or class to be used, in thepreceding 90 days;

(c) as co-pilot serve at the flying controls in an aeroplane carrying passengers during take-oV andlanding unless he has served as a pilot at the controls during take-oV and landing in an aeroplaneof the same type or class or in a flight simulator, approved for the purpose, of the aeroplane typeor class to be used, in the preceding 90 days;

(d) as the holder of a licence which does not include a valid instrument rating (aeroplane), fly as pilotin command of an aeroplane carrying passengers at night unless during the previous 90 days atleast one of the take-oVs and landings required in sub-paragraph (b) has been carried out atnight;

(e) unless his licence includes an instrument rating (aeroplane), fly any such aeroplane of which the

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maximum total weight authorised exceeds 2,300 kg on any flight for the purpose of publictransport, except a flight beginning and ending at the same aerodrome and not extending beyond25 nautical miles from that aerodrome;

(f) fly such an aeroplane on a flight for the purpose of public transport unless it is certificated forsingle pilot operation;

(g) fly such an aeroplane on any flight for the purpose of public transport after he attains the age of60 years unless the aeroplane is fitted with dual controls and carries a second pilot who has notattained the age of 60 years and who holds an appropriate licence under this Order entitling himto act as pilot in command or co-pilot of that aeroplane; or

(h) unless his licence includes an instrument rating (aeroplane), fly as pilot in command or co-pilotof such an aeroplane flying in Class A, B or C airspace in circumstances which requirecompliance with the Instrument Flight Rules.

(4) Subject to paragraph (5), he shall be entitled to fly as pilot in command of an aeroplane of a typeor class specified in an instructor’s rating included in the licence on a flight for the purpose of aerial workwhich consists of—




(5) He shall not be entitled to exercise privileges contained in paragraph (4) other than in an aeroplanewhich he is entitled to fly as pilot in command on a private flight, an aerial work flight or a public transportflight under the privileges set out in paragraph (1) or (2) of these privileges.

(6) Subject to paragraph (7) he shall be entitled to fly as co-pilot of any aeroplane of a type specifiedin an aircraft rating included in the licence when the aeroplane is engaged on a flight for any purposewhatsoever.

(7) He shall not at any time after he attains the age of 65 years act as pilot in command or co-pilot ofany aeroplane on a flight for the purpose of public transport.

Airline Transport Pilot’s Licence (Aeroplanes)Minimum age—21 years


Privileges:

The holder of an Airline Transport Pilot’s Licence (Aeroplanes) shall be entitled to exercise theprivileges of a United KingdomCommercial Pilot’s Licence (Aeroplanes) except that sub-paragraph (3)(f)of those privileges shall not apply.

SUB-SECTION 2

Helicopter and gyroplane pilots

Private Pilot’s Licence (Helicopters)Minimum age—17 years


Privileges:

(1) Subject to paragraph (2), the holder of a Private Pilot’s Licence (Helicopters) shall be entitled tofly as pilot in command or co-pilot of any helicopter of a type specified in an aircraft rating included inthe licence.

(2) He shall not—

(a) fly such a helicopter for the purpose of public transport or aerial work other than aerial workwhich consists of—

(i) the giving of instruction in flying if his licence includes a flying instructor’s rating, flightinstructor rating or an assistant flying instructor’s rating; or

(ii) the conducting of flying tests for the purposes of this Order;

in either case in a helicopter owned, or operated under arrangements entered into, by a flyingclub of which the person giving the instruction or conducting the test and the person receivingthe instruction or undergoing the test are both members;

(b) receive any remuneration for his services as a pilot on a flight other than remuneration for thegiving of such instruction or the conducting of such flying tests as are specified in sub-paragraph (a);

(c) fly as pilot in command of such a helicopter at night unless his licence includes a night rating(helicopters) or a night qualification (helicopter);

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(d) unless his licence includes an instrument rating (helicopter) fly as pilot in command or co-pilotof such a helicopter flying in Class A, B or C airspace in circumstances which require compliancewith the Instrument Flight Rules; or

(e) fly as pilot in command of such a helicopter carrying passengers unless—

(i) within the preceding 90 days he has made at least three circuits, each to include take-oVsand landings, as the sole manipulator of the controls of a helicopter of the same type; or

(ii) if the privileges are to be exercised by night and his licence does not include an instrumentrating, within the preceding 90 days he has made at least three circuits, each to include take-oVs and landings, by night as the sole manipulator of the controls of a helicopter of thesame type.

Private Pilot’s Licence (Gyroplanes)Minimum age—17 years


Privileges:

(1) Subject to paragraph (2), the holder of a Private Pilot’s Licence (Gyroplanes) shall be entitled tofly as pilot in command or co-pilot of any gyroplane of a type specified in the aircraft rating included inthe licence.

(2) He shall not—

(a) fly such a gyroplane for the purpose of public transport or aerial work other than aerial workwhich consists of—

(i) the giving of instruction in flying if his licence includes a flying instructor’s rating, flightinstructor rating or an assistant flying instructor’s rating; or

(ii) the conducting of flying tests for the purposes of this Order;

in either case in a gyroplane owned, or operated under arrangements entered into, by a flyingclub of which the person giving the instruction or conducting the test and the person receivingthe instruction or undergoing the test are both members;

(b) receive any remuneration for his services as a pilot on a flight other than remuneration for thegiving of such instruction or the conducting of such flying tests as are specified in sub-paragraph (a);

(c) fly as pilot in command of such a gyroplane at night unless his licence includes a night rating(gyroplanes) and he has within the immediately preceding 13 months carried out as pilot incommand not less than 5 take-oVs and five landings at a time when the depression of the centreof the sun was not less than 12) below the horizon.

Commercial Pilot’s Licence (Helicopters and Gyroplanes)Minimum age—18 years


Privileges:

(1) Subject to paragraphs (2) and (5), the holder of a Commercial Pilot’s Licence (Helicopters andGyroplanes) shall be entitled—

(a) to exercise the privileges of a United Kingdom Private Pilot’s Licence (Helicopters) or a UnitedKingdom Private Pilot’s Licence (Gyroplanes) which includes respectively either a night rating(helicopters) or night qualification (helicopter) or a night rating (gyroplanes); and

(b) to fly as pilot in command of any helicopter or gyroplane on which he is so qualified and whichis of a type specified in an aircraft rating included in the licence when the helicopter or gyroplaneis engaged on a flight for any purpose whatsoever.

(2) He shall not—

(a) unless his licence includes an instrument rating (helicopter) fly such a helicopter on anyscheduled journey or on any flight for the purpose of public transport other than in visualmeteorological conditions;

(b) fly such a helicopter on a flight for the purpose of public transport unless it is certificated forsingle pilot operation;

(c) fly such a helicopter on any flight for the purpose of public transport after he attains the age of60 years unless the helicopter is fitted with dual controls and carries a second pilot who has notattained the age of 60 years and who holds an appropriate licence under this Order entitling himto act as pilot in command or co-pilot of that helicopter;

(d) unless his licence includes an instrument rating (helicopter) fly as pilot in command of such ahelicopter flying in Class A, B or C airspace in circumstances which require compliance with theInstrument Flight Rules;

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(e) fly as pilot in command of a helicopter carrying passengers unless he has carried out at least threecircuits, each to include take-oVs and landings, as pilot flying in a helicopter of the same type ora flight simulator of the helicopter type to be used, in the preceding 90 days;

(f) as the holder of a helicopter licence which does not include a valid instrument rating (helicopter)act as pilot in command of a helicopter carrying passengers at night unless during the previous90 days at least one of the take-oVs and landings required in sub-paragraph (e) above has beencarried out at night;

(g) fly such a gyroplane on a flight for the purpose of public transport unless it is certificated forsingle pilot operation;

(h) fly such a gyroplane at night unless he has within the immediately preceding 13 months carriedout as pilot in command not less than 5 take-oVs and 5 landings at a time when the depressionof the centre of the sun was not less than 12) below the horizon; or

(i) fly such a gyroplane on any flight for the purpose of public transport after he attains the age of60 years unless the gyroplane is fitted with dual controls and carries a second pilot who has notattained the age of 60 years and who holds an appropriate licence under this Order entitling himto act as pilot in command or co-pilot of that gyroplane.

(3) Subject to paragraphs (4) and (5) he shall be entitled to fly as co-pilot of any helicopter or gyroplaneof a type specified in an aircraft rating included in the licence when the helicopter or gyroplane is engagedon a flight for any purpose whatsoever.

(4) He shall not—

(a) unless his licence includes an instrument rating (helicopter) fly as co-pilot of a helicopter flyingin Class A, B or C airspace in circumstances which require compliance with the InstrumentFlight Rules;

(b) as co-pilot serve at the flying controls in a helicopter carrying passengers during take-oV andlanding unless he has served as a pilot at the controls during take-oV and landing in a helicopterof the same type or in a flight simulator of the helicopter type to be used, in the preceding 90days; or

(c) unless his licence includes an instrument rating (helicopter) fly as co-pilot of a helicopter on anyscheduled journey or on a flight for the purpose of public transport other than in visualmeteorological conditions.

(5) He shall not at any time after he attains the age of 65 years act as pilot in command or co-pilot ofany helicopter or gyroplane on a flight for the purpose of public transport.

Airline Transport Pilot’s Licence (Helicopters and Gyroplanes)

Minimum age—21 years


Privileges:

The holder of an Airline Transport Pilot’s Licence (Helicopters and Gyroplanes) shall be entitled toexercise the privileges of a United Kingdom Commercial Pilot’s Licence (Helicopters and Gyroplanes)except that sub-paragraphs (2)(b) and (2)(g) of those privileges shall not apply.

SUB-SECTION 3

Balloon and airship pilots

Private Pilot’s Licence (Balloons and Airships)Minimum age—17 years


Privileges:

(1) Subject to paragraph (2), the holder of a Private Pilot’s Licence (Balloons and Airships) shall beentitled to fly as pilot in command of any type of balloon or airship on which he is so qualified and whichis specified in an aircraft rating in the licence and co-pilot of any type of balloon or airship specified insuch a rating.

(2) He shall not—

(a) fly such a balloon or airship for the purpose of public transport or aerial work, other than aerialwork which consists of the giving of instruction in flying or the conducting of flying tests in eithercase in a balloon or airship owned, or operated under arrangements entered into, by a flying clubof which the person giving the instruction or conducting the test and the person receiving theinstruction or undergoing the test are both members;

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(b) receive any remuneration for his services as a pilot on a flight other than remuneration for thegiving of such instruction or the conducting of such flying tests as are specified in sub-paragraph(a); or

(c) fly such a balloon unless he has within the immediately preceding 13 months carried out as pilotin command in a free balloon at least 5 flights each of not less than 5 minutes duration.

Commercial Pilot’s Licence (Balloons)Minimum age—18 years


Privileges:

(1) The holder of a Commercial Pilot’s Licence (Balloons) shall be entitled to exercise the privileges ofa United Kingdom Private Pilot’s Licence (Balloons and Airships).

(2) Subject to paragraph (3), he shall be entitled to fly, when the balloon is flying for any purposewhatsoever, as pilot in command or co-pilot of any type of balloon specified in the aircraft rating includedin the licence.

(3) He shall not act as pilot in command on a flight for the purpose of the public transport of passengersunless he has within the immediately preceding 90 days carried out as pilot in command in a free balloonat least 3 flights each of not less than 5 minutes duration.

Commercial Pilot’s Licence (Airships)Minimum age—18 years


Privileges:

(1) The holder of a Commercial Pilot’s Licence (Airships) shall be entitled to exercise the privileges ofa United Kingdom Private Pilot’s Licence (Balloons and Airships).

(2) He shall be entitled to fly, when the airship is flying for any purpose whatsoever, as pilot incommand of any type of airship on which he is so qualified and which is specified in an aircraft ratingincluded in the licence and as co-pilot of any type of airship specified in such a rating.

SUB-SECTION 4

Glider pilots

Commercial Pilot’s Licence (Gliders)Minimum age—18 years


Privileges:

The holder of a Commercial Pilot’s Licence (Gliders) shall be entitled to fly for any purpose as pilot incommand or co-pilot of—

(a) any glider of which the maximum total weight authorised does not exceed 680 kg;

(b) any glider of which the maximum total weight authorised exceeds 680 kg and which is of a typespecified in the rating included in the licence.

SUB-SECTION 5

Other flight crew

Flight Navigator’s LicenceMinimum age—21 years


Privileges:

The holder of a Flight Navigator’s Licence shall be entitled to act as flight navigator in any aircraft.

Flight Engineer’s LicenceMinimum age—21 years


Privileges:

The holder of a Flight Engineer’s Licence shall be entitled to act as flight engineer in any type of aircraftspecified in an aircraft rating included in the licence.

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Flight Radiotelephony Operator’s LicenceMinimum age—16 years


Privileges:

The holder of a Flight Radiotelephony Operator’s Licence shall be entitled to operate radiotelephonyapparatus in any aircraft if the stability of the frequency radiated by the transmitter is maintainedautomatically but shall not be entitled to operate the transmitter, or to adjust its frequency, except by theuse of external switching devices.

SECTION 2

JAR-FCL Licences

SUB-SECTION 1

Aeroplane pilots

Private Pilot Licence (Aeroplane)Minimum age—17 years


Privileges and conditions:

(1) Subject to any conditions specified in respect of the licence, the privileges of the holder of a PrivatePilot Licence (Aeroplane) are to act, but not for remuneration, as pilot in command or co-pilot of anyaeroplane specified in a class or type rating included in Part XII of the licence engaged in non-revenueflights.

(2) The licence is subject to the conditions and restrictions specified in paragraph 1.175 of Section 1 ofJAR-FCL 1.

(3) The holder shall not—

(a) unless his licence includes an instrument rating (aeroplane) or an instrument meteorologicalconditions rating (aeroplanes), fly as pilot in command of such an aeroplane—


(ii) on a special VFR flight in a control zone in a flight visibility of less than 10 km except on aroute or in an aerodrome traYc zone notified for the purpose of this sub-paragraph; or


(b) unless his licence includes an instrument meteorological conditions rating (aeroplanes), fly aspilot in command or co-pilot of such an aeroplane flying in Class D or E airspace incircumstances which require compliance with the Instrument Flight Rules;

(c) fly as pilot in command of such an aeroplane at night unless his licence includes a night rating(aeroplanes) or a night qualification (aeroplane); or

(d) fly as pilot in command of such an aeroplane carrying passengers unless within the preceding 90days he has made at least three take-oVs and three landings as the sole manipulator of thecontrols of an aeroplane of the same type or class and if such a flight is to be carried out at nightand his licence does not include an instrument rating (aeroplanes) at least one of those take-oVsand landing shall have been at night.

Commercial Pilot Licence (Aeroplane)Minimum age—18 years



(1) Subject to any conditions specified in respect of the licence, the privileges of the holder of aCommercial Pilot Licence (Aeroplane) are to—

(a) exercise all the privileges of the holder of a JAR-FCL Private Pilot Licence (Aeroplane) whichincludes a night qualification;

(b) act as pilot in command or co-pilot of any aeroplane specified in a type or class rating includedin Part XII of the licence on a flight other than a public transport flight;

(c) act as pilot in command on a public transport flight of any aeroplane included in Part XII of thelicence certificated for single pilot operation; and

(d) act as co-pilot on a public transport flight of any aeroplane included in Part XII of the licence.


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(a) fly as pilot in command on a flight for the purpose of public transport unless he complies withthe requirements of paragraph 1.960(a)(1) and (2) of Section 1 of JAR-OPS 1;

(b) unless his licence includes an instrument rating (aeroplane), fly such an aeroplane on anyscheduled journey;

(c) fly as pilot in command of an aeroplane carrying passengers unless he has carried out at leastthree take-oVs and three landings as pilot flying in an aeroplane of the same type or class or ina flight simulator, approved for the purpose, of the aeroplane type or class to be used, in thepreceding 90 days;

(d) as co-pilot serve at the flying controls in an aeroplane carrying passengers during take-oV andlanding unless he has served as a pilot at the controls during take-oV and landing in an aeroplaneof the same type or class or in a flight simulator, approved for the purpose, of the aeroplane typeor class to be used, in the preceding 90 days;

(e) as the holder of a licence which does not include a valid instrument rating (aeroplane) act as pilotin command of an aeroplane carrying passengers at night unless during the previous 90 days atleast one of the take-oVs and landings required in sub-paragraph (c) has been carried out atnight; or

(f) unless his licence includes an instrument rating (aeroplane), fly any such aeroplane of which themaximum total weight authorised exceeds 2,300 kg on any flight for the purpose of publictransport, except a flight beginning and ending at the same aerodrome and not extending beyond25 nautical miles from that aerodrome.

(4) The holder shall be entitled subject to paragraph (5), to fly as pilot in command of an aeroplane ofa type or class specified in any flying instructor’s rating, class rating instructor rating, flight instructorrating or assistant flying instructor’s rating included in the licence on a flight for the purpose of aerial workwhich consists of—




(5) The holder shall not be entitled to exercise privileges contained in paragraph (4) other than in anaeroplanewhich he is entitled to fly as pilot in commandon a private flight, an aerial work flight or a publictransport flight under the privileges set out in paragraph (1) or (2) of these privileges.

Curtailment of privileges of licence holders aged 60 years or more

(6) The holder of a licence who has attained the age of 60 years but not attained the age of 65 yearsshall not act as a pilot of an aeroplane on a public transport flight except where the holder is:

(a) a member of a multi-pilot crew; and

(b) the only pilot in the flight crew who has attained the age of 60 years.

(7) The holder of a licence who has attained the age of 65 years shall not act as a pilot of an aeroplaneon a public transport flight.

Airline Transport Pilot Licence (Aeroplane)Minimum age—21 years



(1) Subject to any conditions specified in respect of the licence, the privileges of the holder of an AirlineTransport Pilot Licence (Aeroplane) are to—

(a) exercise all the privileges of the holder of a JAR-FCL Private Pilot Licence (Aeroplane), a JAR-FCL Commercial Pilot Licence (Aeroplane) and an instrument rating (aeroplane); and

(b) act as pilot in command or co-pilot of any aeroplane specified in a type rating included in PartXII of the licence on a public transport flight.



(3) The holder of a licence who has attained the age of 60 years but not attained the age of 65 yearsshall not act as a pilot of an aeroplane on a public transport flight except where the holder is—



(4) The holder of a licence who has attained the age of 65 years shall not act as a pilot of an aeroplaneon a public transport flight.

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SUB-SECTION 2

Helicopter pilots

Private Pilot Licence (Helicopter)Minimum age—17 years



(1) Subject to any conditions specified in respect of the licence, the privileges of the holder of a PrivatePilot Licence (Helicopter) are to act, but not for remuneration, as pilot in command or co-pilot of anyhelicopter included in a type rating in Part XII of the licence engaged in non-revenue flights.



(a) fly as pilot in command of such a helicopter at night unless his licence includes a night rating(helicopters) or a night qualification (helicopter); or

(b) fly as pilot in command of such a helicopter carrying passengers unless—

(i) within the preceding 90 days he has made at least three solo circuits, each to include take-oVs and landings as the sole manipulator of the controls of a helicopter of the same type; or

(ii) if the privileges are to be exercised by night and his licence does not include an instrumentrating, within the preceding 90 days he has made at least three circuits, each to include take-oVs and landings by night as the sole manipulator of the controls of a helicopter of thesame type.

Commercial Pilot Licence (Helicopter)Minimum age—18 years



(1) Subject to any conditions specified in respect of the licence, the privileges of the holder of aCommercial Pilot Licence (Helicopter) are to—

(a) exercise all the privileges of the holder of a JAR-FCL Private Pilot Licence (Helicopter);

(b) act as pilot in command or co-pilot of any helicopter included in a type rating in Part XII of thelicence on a flight other than a public transport flight;

(c) act as pilot in command on a public transport flight of any helicopter certificated for single-pilotoperation included in Part XII of the licence;

(d) act as co-pilot on a public transport flight in any helicopter included in Part XII of the licencerequired to be operated with a co-pilot.


(3) The holder shall not fly as pilot in command on a flight for the purpose of public transport unlesshe complies with the requirements of paragraph 3.960(a)(2) of Section 1 of JAR-OPS 3.


(a) unless his licence includes an instrument rating (helicopter), fly such a helicopter on anyscheduled journey or on any flight for the purpose of public transport other than in visualmeteorological conditions;

(b) fly as pilot in command of a helicopter carrying passengers unless he has carried out at least threecircuits, each to include take-oVs and landings, as pilot flying in a helicopter of the same type ora flight simulator of the helicopter type to be used, in the preceding 90 days; or

(c) as the holder of a helicopter licence which does not include a valid instrument rating (helicopter),act as pilot in command of a helicopter carrying passengers at night unless during the previous90 days at least one of the take-oVs and landings required in sub-paragraph (b) has been carriedout at night.


(5) The holder of a licence who has attained the age of 60 years but not attained the age of 65 yearsshall not act as a pilot of a helicopter on a public transport flight except where the holder is—



(6) The holder of a licence who has attained the age of 65 years shall not act as a pilot of a helicopteron a public transport flight.

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Airline Transport Pilot Licence (Helicopter)Minimum age—21 years



(1) Subject to any conditions specified in respect of the licence, the privileges of the holder of an AirlineTransport Pilot Licence (Helicopter) are to—

(a) exercise all the privileges of the holder of a JAR-FCL Private Pilot Licence (Helicopter) and aJAR-FCL Commercial Pilot Licence (Helicopter); and

(b) subject to paragraph (2), act as pilot in command or co-pilot in any helicopter included in a typerating in Part XII of the licence on a public transport flight.

(2) The holder shall not fly as pilot in command on a flight for the purpose of public transport unlesshe complies with the requirements of paragraph 3.960(a)(2) of Section 1 of JAR-OPS 3.


(3) The holder of a licence who has attained the age of 60 years but not attained the age of 65 yearsshall not act as a pilot of a helicopter on a public transport flight except where the holder is—



(4) The holder of a licence who has attained the age of 65 years shall not act as a pilot of a helicopteron a public transport flight.

SECTION 3

National Private Pilot’s Licence (Aeroplanes)

National Private Pilot’s Licence (Aeroplanes)Minimum age—17 years



(1) Subject to paragraphs (2), (3), (4), (5), (6) and (7) the holder of the licence shall be entitled to fly aspilot in command of any simple single engine aeroplane, microlight aeroplane or SLMG specified orotherwise falling within an aircraft rating included in the licence.

Flight outside the United Kingdom

(2) He shall not fly—

(a) such a simple single engine aeroplane or a microlight aeroplane outside the United Kingdomexcept with the permission of the competent authority for the airspace in which he flies; or

(b) such a SLMG in or over the territory of a Contracting State other than the United Kingdomexcept in accordance with permission granted by the competent authority of that State providedthat he may fly a SLMG outside the United Kingdom if his licence includes a SLMG rating anda medical certificate appropriate for such a flight.

Flight for purpose of public transport and aerial work

(3) He shall not fly any such aeroplane for the purpose of public transport or aerial work except in thecircumstances specified in paragraph (4).

(4) The circumstances referred to in paragraph (3) are that he flies such an aeroplane for the purposeof aerial work which consists of towing another aeroplane or glider in flight—

(a) in an aeroplane owned, or operated under arrangements entered into, by a flying club of whichthe holder of the licence and any person carried in the towing aeroplane or in any aeroplane orglider being towed are members; or

(b) in an aeroplane owned, or operated under arrangements entered into, by an organisationapproved by the CAA for the purpose of this provision when—

(i) the holder of the licence is a member of an organisation approved by the CAA for thepurpose of this provision; and

(ii) any person carried in the towing aeroplane or in any aeroplane or glider being towed is amember of an organisation approved by the CAA for the purpose of this provision.

Prohibitions on flight in specified conditions


(a) as pilot in command of such a simple single engine aeroplane on a flight outside controlledairspace when the flight visibility is less than 5 km;

(b) as pilot in command of such a SLMG or microlight aeroplane on a flight outside controlledairspace when the flight visibility is less than 3 km;

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(c) as pilot in command of any such aeroplane—

(i) on a special VFR flight in a control zone in a flight visibility of less than 10 km;

(ii) out of sight of the surface; or

(iii) at night; or

(d) as pilot in command of any such aeroplane in circumstances which require compliance with theInstrument Flight Rules.

Carriage of persons

(6) He shall not fly as pilot in command of any such aeroplane—

(a) when the total number of persons carried (including the pilot) exceeds four; or

(b) when carrying passengers unless within the preceding 90 days he has made at least three take-oVs and three landings as the sole manipulator of the controls of an aeroplane of the same classas that being flown.

DiVerences training


(a) as pilot in command of such a simple single engine aeroplane where—

(i) the aeroplane is fitted with a tricycle undercarriage;

(ii) the aeroplane is fitted with a tailwheel;

(iii) the engine is fitted with either a supercharger or turbo-charger;

(iv) the engine is fitted with a variable pitch propeller;

(v) the landing gear is retractable;

(vi) a cabin pressurisation system is fitted; or

(vii) the aeroplane has a maximum continuous cruising speed in excess of 140 knots indicatedairspeed;

unless appropriate diVerences training has been completed and recorded in his personal flying log book; or

(b) as pilot in command of such a microlight aeroplane where—

(i) the aeroplane has 3 axis controls and his previous training and experience has only been inan aeroplane with flexwing controls; or

(ii) the aeroplane has flexwing controls and his previous training and experience has only beenin an aeroplane with 3 axis controls;

unless appropriate diVerences training has been completed and recorded in his personal flying logbook.

PART B

Ratings and qualifications

1. The following ratings may be included in a pilot’s licence granted under Part 4, and, subject to theprovisions of this Order and of the licence, the inclusion of a rating in a licence shall have the consequencesrespectively specified as follows—

Aircraft rating: The rating shall entitle the holder of the licence to act as pilot of aircraft of the types andclasses specified in an aircraft rating included in the licence and diVerent types and classes of aircraft maybe specified in respect of diVerent privileges of a licence.

Instrument meteorological conditions rating (aeroplanes)

(1) Subject to paragraph (2) the rating shall within the United Kingdom—

(a) entitle the holder of a United Kingdom Private Pilot’s Licence (Aeroplanes) or a UnitedKingdom Basic Commercial Pilot’s Licence (Aeroplanes) to fly as pilot in command of anaeroplane without being subject to the restrictions contained respectively in paragraph (2)(c) or(f) of the privileges of the United Kingdom Private Pilot’s Licence (Aeroplanes) or (3)(g) or (i)of the privileges of the United Kingdom Basic Commercial Pilot’s Licence (Aeroplanes); and

(b) entitle the holder of a JAR-FCL Private Pilot Licence (Aeroplane) to fly as pilot in commandof an aeroplane in Class D or E airspace in circumstances which require compliance with theInstrument Flight Rules.

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(2) The rating shall not entitle the holder of the licence to fly—

(a) on a special VFR flight in a control zone in a flight visibility of less than 3 km; or

(b) when the aeroplane is taking oV or landing at any place if the flight visibility below cloud is lessthan 1,800 metres.

Instrument rating (aeroplane) shall entitle the holder of the licence to act as pilot in command or co-pilotof an aeroplane flying in controlled airspace in circumstances which require compliance with theInstrument Flight Rules.

Instrument rating (helicopter) shall entitle the holder of the licence to act as pilot in command or co-pilotof a helicopter flying in controlled airspace in circumstances which require compliance with theInstrument Flight Rules.

Microlight class rating shall, when included in the aircraft rating of a National Private Pilot’s Licence(Aeroplanes) or a United Kingdom Private Pilot’s Licence (Aeroplanes) and subject to the conditions ofthe licence inwhich it is included, entitle the holder to act as pilot in commandof any microlight aeroplane.

Night rating (aeroplanes) shall entitle the holder of a United Kingdom Private Pilot’s Licence(Aeroplanes) or a United Kingdom Basic Commercial Pilot’s Licence (Aeroplanes) to act as pilot incommand of an aeroplane at night.

Night qualification (aeroplane) shall entitle the holder of a United Kingdom Private Pilot’s Licence(Aeroplanes), a JAR-FCL Private Pilot Licence (Aeroplane) or a United Kingdom Basic CommercialPilot’s Licence (Aeroplanes) to act as pilot in command of an aeroplane at night.

Night rating (helicopters) shall entitle the holder of a United Kingdom Private Pilot’s Licence(Helicopters) to act as pilot in command of a helicopter at night.

Night qualification (helicopter) shall entitle the holder of either a United Kingdom Private Pilot’s Licence(Helicopters) or a JAR-FCL Private Pilot Licence (Helicopter) to act as pilot in command of a helicopterat night.

Night rating (gyroplanes) shall entitle the holder of a United Kingdom Private Pilot’s Licence(Gyroplanes) to act as pilot in command of a gyroplane at night.

Simple single engine aeroplane (NPPL) class rating shall, when included in the aircraft rating of a NationalPrivate Pilot’s Licence (Aeroplanes) and subject to the conditions of that licence, entitle the holder to actas pilot in command of any simple single engine aeroplane with a maximum take oV weight authorisednot exceeding 2,000 kg excluding any such aeroplane which is a self-launching motor glider or a microlightaeroplane.

SLMG class rating shall, when included in the aircraft rating of a National Private Pilot’s Licence(Aeroplanes) or a United Kingdom Private Pilot’s Licence (Aeroplanes) and subject to the conditions ofthe licence in which it is included, entitle the holder to act as pilot in command of any SLMG.

Towing rating (flying machines) shall entitle the holder of the licence to act as pilot of a flying machinewhile towing a glider in flight for the purpose of public transport or aerial work.

Flying instructor’s rating shall entitle the holder of the licence to give instruction in flying aircraft of suchtypes and classes as may be specified in the rating for that purpose.

Assistant flying instructor’s rating shall entitle the holder of the licence to give instruction in flying aircraftof such types and classes as may be specified in the rating for that purpose provided that—

(a) such instruction shall only be given under the supervision of a person present during the take-oV and landing at the aerodrome at which the instruction is to begin and end and holding apilot’s licence endorsed with a flying instructor’s rating;

(b) such a rating shall not entitle the holder of the licence to give directions to the person undergoinginstruction in respect of the performance by that person of—

(i) his first solo flight;

(ii) his first solo flight by night;

(iii) his first solo cross-country flight otherwise than by night; or

(iv) his first solo cross-country flight by night.

Flight instructor rating (aeroplane) shall entitle the holder of the licence to give instruction in flying aircraftof such types and classes as may be specified in the rating for that purpose subject to the restrictionsspecified below.

Flight instructor rating (aeroplane)—Restrictions

Restricted period

(1) Until the holder of a flight instructor rating (aeroplane) has completed at least 100 hours flightinstruction and, in addition, has supervised at least 25 solo flights by students, the privileges of the ratingshall be restricted.

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(2) The restrictions shall be removed from the rating when the above requirements have been met andon the recommendation of the supervising flight instructor (aeroplane).

Restricted privileges

(3) The privileges shall be restricted to carrying out under the supervision of the holder of a flightinstructor rating (aeroplane) approved for this purpose—

(a) flight instruction for the issue of the Private Pilot Licence (Aeroplane) or those parts ofintegrated courses at Private Pilot Licence (Aeroplane) level and class and type ratings for single-engine aeroplanes, excluding approval of first solo flights by day or by night and first solo crosscountry flights by day or by night; and

(b) night flying instruction.

Flight instructor rating (helicopter) shall entitle the holder of the licence to give instruction in flyinghelicopters of such types as may be specified in the rating for that purpose subject to the restrictionsspecified below.

Flight instructor rating (helicopter)—Restrictions

Restricted period

(1) Until the holder of a flight instructor rating (helicopter) has completed at least 100 hours flightinstruction and, in addition, has supervised at least 25 solo flights by students, the privileges of the ratingshall be restricted.

(2) The restrictions shall be removed from the rating when the above requirements have been met andon the recommendation of the supervising flight instructor (helicopter).

Restricted privileges

(3) The privileges shall be restricted to carrying out under the supervision of the holder of a flightinstructor rating (helicopter) approved for this purpose—

(a) flight instruction for the issue of the Private Pilot Licence (Helicopter) or those parts ofintegrated courses at Private Pilot Licence (Helicopter) level and type ratings for single-enginehelicopters, excluding approval of first solo flights by day or by night and first solo cross-countryflights by day or by night; and

(b) night flying instruction.

Type rating instructor rating (multi-pilot aeroplane) shall entitle the holder to instruct licence holders forthe issue of a multi-pilot aeroplane type rating, including the instruction required for multi-crew co-operation.

Type rating instructor rating (helicopter) shall entitle the holder to instruct licence holders for the issue ofa type rating, including the instruction required for multi-crew co-operation as applicable.

Class rating instructor rating (single-pilot aeroplane) shall entitle the holder to instruct licence holders forthe issue of a type or class rating for single-pilot aeroplanes.

Instrument rating instructor rating (aeroplane) shall entitle the holder to conduct flight instruction for theissue of an instrument rating (aeroplane) or an instrument meteorological conditions rating (aeroplanes).

Instrument rating instructor rating (helicopter) shall entitle the holder to conduct flight instruction for theissue of an instrument rating (helicopter).

2. An aircraft rating included in a flight engineer’s licence shall entitle the holder of the licence to actas flight engineer only of aircraft of a type specified in the aircraft rating.

3. For the purposes of this Schedule—

‘Day’ means the time from half an hour before sunrise until half an hour after sunset (both timesexclusive), sunset and sunrise being determined at surface level;

‘Solo flight’ means a flight on which the pilot of the aircraft is not accompanied by a person holdinga pilot’s licence granted or rendered valid under this Order;

‘Cross-country flight’ means any flight during the course of which the aircraft is more than 3 nauticalmiles from the aerodrome of departure.

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PART C

Maintenance of licence privileges

section 1

Requirement for Certificate of Test or Experience

1. Appropriateness of certificate(a) A certificate of test or a certificate of experience required by article 28, 30(2) or 31(1) shall not

be appropriate to the functions to be performed on a flight unless it is a certificate appropriateto the description of the flight according to the following Table—

Case Class of United Kingdom Licence Description of Flight Certificate Required

A Microlight Licence Any flight within the Certificate of test orSLMG Licence privileges of the certificate ofPrivate Pilot’s Licence (Gyroplanes) licence experience

B Commercial Pilot’s Licence (Balloons) Carriage of Certificate of testCommercial Pilot’s Licence (Gliders) passengers on a flightCommercial Pilot’s Licence (Airships) in respect of which

the holder of thelicence receivesremuneration

C Commercial Pilot’s Licence (Balloons) For public transport Certificate of testCommercial Pilot’s Licence (Gliders)Commercial Pilot’s Licence (Airships)

D Commercial Pilot’s Licence (Balloons) For aerial work Certificate of test orCommercial Pilot’s Licence (Gliders) certificate ofCommercial Pilot’s Licence (Airships) experience

E Commercial Pilot’s Licence (Balloons) Any flight within the Certificate of test orCommercial Pilot’s Licence (Gliders) privileges of a Private certificate ofCommercial Pilot’s Licence (Airships) Pilot’s Licence experience

F Flight Navigator’s Licence Flights to which Certificate ofarticle 25(9) applies experience

(b) For the purposes of this Part of this Schedule, references to Cases are references to the Casesindicated in the first Column of the Table in paragraph 1(a) of this Part of this Schedule.

Certificate of test

2. A certificate of test required by article 28, 30(2) or 31(1) shall be signed by a person authorised bythe CAA to sign certificates of this kind and shall certify the following particulars—

(a) the functions to which the certificate relates;

(b) that the person signing the certificate is satisfied that on a date specified in the certificate theholder of the licence or personal flying logbook of which the certificate forms a part, as the casemay be, passed an appropriate test of his ability to perform the functions to which thecertificate relates;

(c) the type of aircraft or flight simulator in or by means of which the test was conducted; and

(d) the date on which it was signed.

Nature of test

3. The appropriate test referred to in paragraph 2 above shall be—

(a) in the case of a test which entitles the holder of the licence of which the certificate forms part toact as pilot in command or co-pilot (or both) of aircraft of the type, types or class specified inthe certificate, a test of the pilot’s competence to fly the aircraft as pilot in command or co-pilot(or both) and shall, where the CAA so specifies in respect of the whole or part of a test, beconducted in an aircraft in flight or by means of a flight simulator approved by the CAA;

(b) in the case of a test which entitles the holder of the licence of which the certificate forms partto perform the functions to which a flying instructor’s rating (gyroplanes), an assistant flyinginstructor’s rating (gyroplanes) or an instrument meteorological conditions rating (aeroplanes)relates, a test of his ability to perform the functions to which the rating relates and shall, wherethe CAA so specifies in respect of the whole or part of the test, be conducted in an aircraft inflight.

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Period of validity of certificate of test

4. A certificate of test—

(a) required by article 28 in respect of a Commercial Pilot’s Licence (Balloons) shall not be valid inrelation to a flight made more than 13 months after the date of the test which it certifies and,required by article 28 or 30(2) in respect of any other licence, shall not be valid in relation to aflight made more than 13 months in Cases A, B and E or more than 6 months in Cases C and Dafter the date of the test which it certifies; provided that in the case of CasesC andD, 2 certificatesof test shall together be deemed to constitute a valid certificate of test if they certify flying testsconducted on 2 occasions within the period of 13 months preceding the flight on which thefunctions are to be performed, such occasions being separated by an interval of not less than 4months, and if both certificates are appropriate to those functions;

(b) required by article 31(1) in respect of an instrument meteorological conditions rating(aeroplanes) shall not be valid in relation to a flight made more than 25 months after the date ofthe test which it certifies;

(c) required by article 31(1) in respect of an assistant flying instructor’s rating (gyroplanes) and aflying instructor’s rating (gyroplanes) shall not be valid in relation to a flight made more than 3years after the date of the test which it certifies.

Certificate of experience

5. A certificate of experience required by article 28 or 30(2) shall be signed by a person authorised bythe CAA to sign such a certificate and shall certify the following particulars—


(b) in the case of a pilot, that on the date on which the certificate was signed the holder of the licenceor personal flying log book of which it forms part, as the case may be, produced his personalflying log book to the person signing the certificate and satisfied him that he had appropriateexperience in the capacity to which his licence relates within the appropriate period specified inparagraph 6 of this Part of this Schedule;

(c) in the case of a flight navigator, that on the date on which the certificate was signed the holderof the licence of which it forms part produced his navigation logs, charts and workings ofastronomical observations to the person signing the certificate and satisfied him that he hadappropriate experience in the capacity to which the licence relates within the appropriate periodspecified in paragraph 6 of this Part of this Schedule;

(d) in the case of a pilot or flight engineer, the type or types of aircraft in which the experiencewas gained;

(e) the date on which it was signed.

Period of experience

6. A certificate of experience shall not be valid unless the experience was gained within the period of13 months preceding the signing of the certificate in the case of Cases A, E and F, or 6 months precedingthe signing of the certificate in the case of Case D.

Period of validity of certificate of experience

7. A certificate of experience in respect of a Commercial Pilot’s Licence (Balloons) shall not be validfor more than 13 months after it was signed and in respect of any other licence shall not be valid for morethan 6 months after it was signed for Case D nor for more than 13 months after it was signed for anyother case.

section 2

Requirement for Certificate of Revalidation

1. Appropriate certificate of revalidation

A certificate of revalidation required by article 29 or 31(2) shall not be appropriate to the exercise ofthe privileges of a flight crew licence unless it is a certificate which accords with this Section.

2. Type and class ratings

(1) Aeroplane type and class ratings

(a) Type ratings and multi-engine class ratings, aeroplane

(i) Validity

Type ratings and multi-engine class ratings for aeroplanes are valid for one year beginningwith the date of issue, or the date of expiry if revalidated within the period of three monthspreceding the date of expiry.

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(ii) Revalidation

For revalidation of type ratings and multi-engine class ratings, aeroplane, the applicantshall satisfy the requirements specified in paragraph 1.245(a) and (b) of Section 1 of JAR-FCL 1.

(b) Single-pilot single-engine class ratings

(i) Validity

Single-pilot single-engine class ratings are valid for two years beginning with the date ofissue, or the date of expiry if revalidated within the period of three months preceding thedate of expiry.

(ii) Revalidation of all single-engine piston aeroplane class ratings (land) and all touring motorglider ratings

For revalidation of single-pilot single-engine piston aeroplane (land) class ratings ortouring motor glider class ratings (or both) the applicant shall on single engine pistonaeroplanes (land) or touring motor gliders (as the case may be) satisfy the requirementsspecified in paragraph 1.245(c)(1) of Section 1 of JAR-FCL 1.

(iii) Revalidation of single-engine turbo-prop aeroplanes (land) single-pilot

For revalidation of single-engine turbo-prop (land) class ratings the applicant shall withinthe three months preceding the expiry date of the rating, pass a proficiency check with anauthorised examiner on an aeroplane in the relevant class.

(iv) Revalidation of single-engine piston aeroplanes (sea)

For revalidation of single-pilot single-engine piston aeroplane (sea) class ratings theapplicant shall—

(aa) within the three months preceding the expiry date of the rating, pass a proficiencycheck with an authorised examiner on a single-engine piston aeroplane (sea); or

(bb) within the 12 months preceding the expiry of the rating complete at least 12 hours offlight time including at least 6 hours of pilot in command time on either a single-enginepiston aeroplane (sea) or a single-engine piston aeroplane (land) and at least 12 watertake-oVs and 12 alightings on water; and either complete a training flight of at least 1hour duration with a flight instructor or pass a proficiency check or skill test for anyother class or type rating.

(c) Expired ratings

(i) If a type rating or multi-engine class rating has expired, the applicant shall meet therequirements in paragraph (b) above and meet any refresher training requirements asdetermined by the CAA and the rating will be valid from the date of completion of therenewal requirements.

(ii) If a single-pilot single-engine class rating has expired, the applicant shall complete the skilltest in accordance with the requirements specified at Appendix 3 to paragraph 1.240 ofSection 1 of JAR-FCL 1.

(2) Helicopter type ratings

(a) Type ratings, helicopter—validity

Type ratings for helicopters are valid for one year beginning with the date of issue, or the dateof expiry if revalidated within the period of three months preceding the date of expiry.

(b) Type ratings, helicopter—revalidation

For revalidation of type ratings, helicopter, the applicant shall complete the requirementsspecified in paragraph 2.245(b) of Section 1 of JAR-FCL 2.

(c) Expired ratings

If a type rating has expired, the applicant shall meet the requirements in sub-paragraph (b) aboveand meet any refresher training requirements as determined by the CAA and the rating shall bevalid for a period beginning with the date of completion of the renewal requirements.

(3) Flight engineer type ratings

(a) Type ratings—validity

Flight engineer type ratings are valid for one year beginning with the date of issue, or the dateof expiry if revalidated within the period of three months preceding the date of expiry.

(b) Type ratings—Revalidation

For revalidation of flight engineer type ratings the applicant shall, within the three monthspreceding the expiry date of the rating, pass a proficiency check with an authorised examiner onthe relevant type of aircraft.

3. Forms of certificate of revalidation

(1) A certificate of revalidation required by article 29 or 31(2) shall be signed by a person authorisedby the CAA to sign certificates of this kind and shall certify—


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(b) that the person signing the certificate is satisfied that on a date specified in the certificate, theholder of the licence of which the certificate forms a part met the appropriate requirements forrevalidation specified in respect of the rating, in the case of an aircraft rating in paragraph 2 andin the case of any other rating in the Table at sub-paragraph (2) below, to exercise the privilegesof the licence or rating to which the certificate relates;

(c) the type of aircraft or flight simulator in or by means of which the test was conducted; and

(d) the date on which it was signed.

(2) The requirements for revalidation of a rating listed in Column 1 are those set out in Column 2 ofthe following Table—

Rating Paragraph in Section 1 ofJAR-FCL 1 or 2

Instrument rating (aeroplane) 1.185

Instrument rating (helicopter) 2.185

Flight Instructor (aeroplane) 1.355

Flying instructor’s rating (aeroplanes)

Assistant flying instructor’s rating (aeroplanes)

Flight instructor (helicopter) 2.355

Flying instructor’s rating (helicopters)

Assistant flying instructor’s rating (helicopters)

Type rating instructor rating (multi-pilot aeroplane) 1.370

Type rating instructor rating (helicopter) 2.370

Class rating instructor rating (single pilot aeroplane) 1.385

Instrument rating instructor rating (aeroplane) 1.400

Instrument rating instructor rating (helicopter) 2.400

section 3

Maintenance of Validity of National Private Pilot’s Licence (Aeroplanes)

1. A simple single engine aeroplane (NPPL) class rating included in a National Private Pilot’s Licence(Aeroplanes) shall not be valid for the purposes of article 30(1) unless the provisions of this Section havebeen complied with.

2. A simple single engine aeroplane (NPPL) class rating shall be valid if either—

(a) the holder has within the 12 months preceding the flight flown not less than six hours in anaeroplane falling within the simple single engine aeroplane (NPPL) class rating, four hours ofwhich shall have been as pilot in command and he has carried out a training flight of at least 1hour duration with a flying instructor within the previous 24 months; or

(b) he has within the three months preceding the expiry of the rating undertaken a simple singleengine aeroplane (NPPL) General Skills Test.

SCHEDULE 9 Articles 38(3), 40(3) and 42(3)

PUBLIC TRANSPORT—OPERATIONAL REQUIREMENTS

PART A

Operations manual

1. Information and instructions relating to the following matters shall be included in the operationsmanual referred to in article 38(2)—

(a) the number of the crew to be carried in the aircraft, on each stage of any route to be flown, andthe respective capacities in which they are to act, and instructions as to the order andcircumstances in which command is to be assumed by members of the crew;

(b) the respective duties of each member of the crew and the other members of the operating staV;

(c) the scheme referred to in article 82(1)(c)(i);

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(d) such technical particulars concerning the aircraft, its engines and equipment and concerning theperformance of the aircraft as may be necessary to enable the flight crew of the aircraft toperform their respective duties;

(e) the manner in which the quantities of fuel and oil to be carried by the aircraft are to be computedand records of fuel and oil carried and consumed on each stage of the route to be flown are tobe maintained; the instructions shall take account of all circumstances likely to be encounteredon the flight including the possibility of failure of one or more of the aircraft engines;

(f) the manner in which the quantity, if any, of oxygen and oxygen equipment to be carried in theaircraft for the purpose of complying with Scale L1 or L2 in Schedule 4 is to be computed;

(g) the check system to be followed by the crew of the aircraft prior to and on take-oV, on landingand in an emergency, so as to ensure that the operating procedures contained in the operationsmanual and in the flight manual or performance schedule for the aircraft are complied with;

(h) the circumstances in which a radio watch is to be maintained;

(i) the circumstances in which oxygen is to be used by the crew of the aircraft, and by passengers;

(j) subject to paragraph 2, communication, navigational aids, aerodromes, local regulations, in-flight procedures, approach and landing procedures and such other information as the operatormay deem necessary for the proper conduct of flight operations; the information referred to inthis sub-paragraph shall be contained in a route guide, which may be in the form of a separatevolume;

(k) the reporting in flight to the notified authorities of meteorological observations;

(l) subject to paragraph 2, the minimum altitudes for safe flight on each stage of the route to beflown and any planned diversion therefrom, such minimum altitudes being not lower than anywhich may be applicable under the law of the United Kingdom or of the countries whoseterritory is to be flown over;

(m) the particulars referred to in article 47(2);

(n) emergency flight procedures, including procedures for the instruction of passengers in theposition and use of emergency equipment and procedures to be adopted when the commanderof the aircraft becomes aware that another aircraft or a vessel is in distress and needs assistance;

(o) in the case of aircraft intended to fly at an altitude of more than 49,000 ft the procedures for theuse of cosmic radiation detection equipment;

(p) the labelling and marking of dangerous goods, the manner in which they must be loaded on orsuspended beneath an aircraft, the responsibilities of members of the crew in respect of thecarriage of dangerous goods and the action to be taken in the event of emergencies arisinginvolving dangerous goods;

(q) such particulars of any permission granted to the operator under article 21 as may be necessaryto enable the commander of the aircraft to determine whether he can comply with article52(b)(ii);

(r) procedures for the operation of any airborne collision avoidance system carried on theaircraft; and

(s) the establishment and maintenance of an accident prevention and flight safety programme.

2. In relation to any flight which is not one of a series of flights between the same two places it shallbe suYcient if, to the extent that it is not practicable to comply with sub-paragraphs (j) and (l), the manualcontains such information and instructions as will enable the equivalent data to be ascertained beforetake-oV.

PART B

Training manual

The following information and instructions in relation to the training, experience, practice andperiodical tests required under article 42(3) shall be included in the training manual referred to inarticle 40(3)—

(a) the manner in which the training, practice and periodical tests required under article 42(3) andspecified in Part C of this Schedule are to be carried out;

(b) the minimum qualifications and experience which the operator requires of persons appointed byhim to give or to supervise the said training, practice and periodical tests;

(c) the type of training, practice and periodical tests which each such person is appointed to give orto supervise;

(d) the type of aircraft in respect of which each such person is appointed to give or to supervise thesaid training, practice and periodical tests;

(e) the minimum qualifications and experience required for each member of the crew undergoingthe said training, practice and periodical tests;

(f) the current syllabus for, and specimen forms for recording, the said training, practice andperiodical tests;

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(g) the manner in which instrument flight conditions and engine failure are to be simulated in theaircraft in flight;

(h) the extent to which the said training and testing is permitted in the course of flights for thepurpose of public transport; and

(i) the use to be made in the said training and testing of apparatus approved for the purpose bythe CAA.

PART C

Crew training and tests

1. The training, experience, practice and periodical tests required under article 42(3) for members ofthe crew of an aircraft engaged on a flight for the purpose of public transport shall be as specified inparagraph 2.

2.—(1) Crew

Every member of the crew shall—

(a) have been tested within the relevant period by or on behalf of the operator as to hisknowledge of the use of the emergency and life saving equipment required to be carried inthe aircraft on the flight; and

(b) have practised within the relevant period under the supervision of the operator or of aperson appointed by him for the purpose, the carrying out of the duties required of him incase of an emergency occurring to the aircraft, either in an aircraft of the type to be usedon the flight or in apparatus approved by the CAA for the purpose and controlled bypersons so approved.

(2) Pilots

(a) Every pilot included in the flight crew who is intended by the operator to fly as pilot incircumstances requiring compliance with the Instrument Flight Rules shall within the relevantperiod have been tested by or on behalf of the operator—

(i) as to his competence to perform his duties while executing normal manoeuvres andprocedures in flight, in an aircraft of the type to be used on the flight, including the use ofthe instruments and equipment provided in the aircraft; and

(ii) as to his competence to perform his duties in instrument flight conditions while executingemergency manoeuvres and procedures in flight, in an aircraft of the type to be used on theflight, including the use of the instruments and equipment provided in the aircraft.

(b) A pilot’s ability to carry out normal manoeuvres and procedures shall be tested in the aircraftin flight.

(c) The other tests required by sub-paragraph (a) may be conducted either in the aircraft in flight,or under the supervision of a person approved by the CAA for the purpose by means of a flightsimulator approved by the CAA.

(d) The tests specified in sub-paragraph (a)(ii) when conducted in the aircraft in flight shall becarried out either in actual instrument flight conditions or in instrument flight conditionssimulated by means approved by the CAA.

(e) Every pilot included in the flight crew whose licence does not include an instrument rating orwho, notwithstanding the inclusion of such a rating in his licence, is not intended by the operatorto fly in circumstances requiring compliance with the Instrument Flight Rules, shall within therelevant period have been tested, by or on behalf of the operator in flight in an aircraft of thetype to be used on the flight—

(i) as to his competence to act as pilot of that aircraft, while executing normal manoeuvres andprocedures; and

(ii) as to his competence to act as pilot of that aircraft while executing emergency manoeuvresand procedures.

(f) Every pilot included in the flight crew who is seated at the flying controls during the take-oV orlanding and who is intended by the operator to fly as pilot in circumstances requiring compliancewith the Instrument Flight Rules shall within the relevant period have been tested as to hisproficiency in using instrument approach-to-land systems of the type in use at the aerodromeof intended landing and any alternate aerodromes, such test being carried out either in flight ininstrument flight conditions or in instrument flight conditions simulated by means approved bythe CAA; or under the supervision of a person approved by the CAA for the purpose by meansof a flight simulator approved by the CAA.

(g) In the case of a helicopter, every pilot included in the flight crew whose licence does not includean instrument rating but who is intended to fly at night under visual flight conditions, shallwithin the relevant period have been tested, by or on behalf of the operator, in a helicopter ofthe type to be used on the flight—

(i) as to his competence to act as pilot of that helicopter, while executing normal manoeuvresand procedures; and

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(ii) as to his competence to act as pilot of that helicopter, while executing specified manoeuvresand procedures in flight in instrument flight conditions by means approved by the CAA.

(h) Every pilot included in the flight crew and who is seated at the flying controls during take-oV orlanding shall within the relevant period have carried out, when seated at the flying controls, atleast three take-oVs and three landings in aircraft of the type to be used on the flight.

(3) Flight engineers

(a) Every flight engineer included in the flight crew shall within the relevant period have been testedby or on behalf of the operator—

(i) as to his competence to perform his duties while executing normal procedures in flight, inan aircraft of the type to be used on the flight;

(ii) as to his competence to perform his duties while executing emergency procedures in flight,in an aircraft of the type to be used on the flight.

(b) A flight engineer’s ability to carry out normal procedures shall be tested in an aircraft in flightand the other tests required by this sub-paragraph may be conducted either in the aircraft inflight, or under the supervision of a person approved by the CAA for the purpose by means ofa flight simulator approved by the CAA.

(4) Flight navigators and flight radiotelephony operatorsEvery flight navigator and flight radiotelephony operator whose inclusion in the flight crew is requiredunder article 25(9) and (11) respectively shall within the relevant period have been tested by or on behalfof the operator as to his competence to perform his duties in conditions corresponding to those likely tobe encountered on the flight—

(a) in the case of a flight navigator, using equipment of the type to be used in the aircraft on the flightfor purposes of navigation;

(b) in the case of a flight radiotelephony operator using radio equipment of the type installed in theaircraft to be used on the flight, and including a test of his ability to carry out emergencyprocedures.

(5) Aircraft commanders

(a) The pilot designated as commander of the aircraft for the flight shall within the relevant periodhave demonstrated to the satisfaction of the operator that he has adequate knowledge of theroute to be taken, the aerodromes of take-oV and landing, and any alternate aerodromes,including in particular his knowledge of—

(i) the terrain;

(ii) the seasonal meteorological conditions;

(iii) the meteorological, communications and air traYc facilities, services and procedures;

(iv) the search and rescue procedures; and

(v) the navigational facilities;

relevant to the route.

(b) In determining whether a pilot’s knowledge of the matters referred to in sub-paragraph (a) issuYcient to render him competent to perform the duties of aircraft commander on the flight, theoperator shall take into account the pilot’s flying experience in conjunction with the following—

(i) the experience of other members of the intended flight crew;

(ii) the influence of terrain and obstructions on departure and approach procedures at theaerodromes of take-oV and intended landing and at alternate aerodromes;

(iii) the similarity of the instrument approach procedures and let-down aids to those with whichthe pilot is familiar;

(iv) the dimensions of runways which may be used in the course of the flight in relation to theperformance limits of aircraft of the type to be used on the flight;

(v) the reliability of meteorological forecasts and the probability of diYcult meteorologicalconditions in the areas to be traversed;

(vi) the adequacy of the information available regarding the aerodrome of intended landing andany alternate aerodromes;

(vii) the nature of air traYc control procedures and the familiarity of the pilot with suchprocedures;

(viii) the influence of terrain on route conditions and the extent of the assistance obtainable enroute from navigational aids and air-to-ground communication facilities; and

(ix) the extent to which it is possible for the pilot to become familiar with unusual aerodromeprocedures and features of the route by means of ground instruction and training devices.

(6) Definitions and validity periods

For the purposes of this Part—

(a) “visual flight conditions” means weather conditions such that the pilot is able to fly by visualreference to objects outside the aircraft;

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(b) “instrument flight conditions” means weather conditions such that the pilot is unable to fly byvisual reference to objects outside the aircraft;

(c) “relevant period” means a period which immediately precedes the commencement of the flight,being, subject to sub-paragraph (d), a period—

(i) in the case of sub-paragraph (2)(h), of 3 months;

(ii) in the case of sub-paragraphs (2)(a)(ii), (2)(e)(ii), (2)(f), (2)(g)(ii) and (3)(a)(ii), of 6 months;

(iii) in the case of sub-paragraphs (1), (2)(a)(i), (2)(e)(i), (2)(g)(i), (3)(a)(i), (4) and (5)(a), of13 months.

(d) Any pilot of the aircraft to whom the provisions of sub-paragraph (2)(a)(ii), (2)(e)(ii) or (2)(f)and any flight engineer of the aircraft to whom the provisions of sub-paragraph (3)(a)(ii) applyshall for the purposes of the flight be deemed to have complied with such requirementsrespectively within the relevant period if he has qualified to perform his duties in accordancetherewith on at least 2 occasionswithin the period of 13 months immediately preceding the flight,such occasions being separated by an interval of not less than 4 months.

(e) The requirements of sub-paragraph (5)(a) shall be deemed to have been complied with withinthe relevant period by a pilot designated as commander of the aircraft for the flight if, havingbecome qualified so as to act on flights between the same places over the same route more than 13months before commencement of the flight, he has within the period of 13 months immediatelypreceding the flight flown as pilot of an aircraft between those places over that route.

3. The records required to be maintained by an operator under article 42(4) shall be accurate and up-to-date records so kept as to show, on any date, in relation to each person who has during the period of2 years immediately preceding that date flown as a member of the crew of any public transport aircraftoperated by that operator—

(a) the date and particulars of each test required by this Part undergone by that person during thesaid period including the name and qualifications of the examiner;

(b) the date upon which that person last practised the carrying out of duties referred to in paragraph2(1)(b) of this Part;

(c) the operator’s conclusions based on each such test and practice as to that person’s competenceto perform his duties; and

(d) the date and particulars of any decision taken by the operator during the said period inpursuance of paragraph 2(5)(a) of this Part including particulars of the evidence upon which thatdecision was based.

4. The operator shall whenever called upon to do so by any authorised person produce for theinspection of any person so authorised all records referred to in paragraph 3 and furnish to any suchperson all such information as he may require in connection with any such records and produce for hisinspection all log books, certificates, papers and other documents, whatsoever which he may reasonablyrequire to see for the purpose of determining whether such records are complete or of verifying theaccuracy of their contents.

5. The operator shall at the request of any person in respect of whom he is required to keep recordsas aforesaid furnish to that person, or to any operator of aircraft for the purpose of public transport bywhom that person may subsequently be employed, particulars of any qualifications in accordance withthis Schedule obtained by such person whilst in his service.

SCHEDULE 10 Articles 86 and 88

DOCUMENTS TO BE CARRIED

Circumstances in which documents are to be carried

1.—(1) On a flight for the purpose of public transport Documents A, B, C, D, E, F, H and, if the flightis international air navigation, Documents G and I shall be carried.

(2) On a flight for the purpose of aerial work Documents A, B, C, E, F and, if the flight is internationalair navigation, Documents G and I shall be carried.

(3) On a private flight, being international air navigation Documents A, B, C, G and I shall be carried.

(4) On a flight made in accordance with the terms of a permission granted to the operator under article21 Document J shall be carried.

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Description of documents


(1) “Document A” means the licence in force under the Wireless Telegraphy Act 1949(a) in respect ofthe aircraft radio station installed in the aircraft;

(2) “Document B” means the certificate of airworthiness in force in respect of the aircraft; providedthat, where the certificate of airworthiness includes the flight manual for the aircraft, with the permissionof the CAA, an aircraft to which article 38 applies need not carry the flight manual as part of thisdocument;

(3) “Document C” means the licences of the members of the flight crew of the aircraft;

(4) “Document D” means one copy of the load sheet, if any, required by article 43 in respect of theflight;

(5) “Document E” means one copy of each certificate of maintenance review, if any, in force in respectof the aircraft;

(6) “Document F” means the technical log, if any, in which entries are required to be made underarticle 15;

(7) “Document G” means the certificate of registration in force in respect of the aircraft;

(8) “Document H” means those parts of the operations manual, if any, required by article 38(2)(c) tobe carried on the flight;

(9) “Document I” means a copy of the notified procedures to be followed by the pilot in command ofan intercepted aircraft, and the notified visual signals for use by intercepting and intercepted aircraft;

(10) “Document J” means the permission, if any, granted in respect of the aircraft under article 21;

provided that, with the permission of the CAA, an aircraft to which article 38 applies need not carrysuch a permission if it carries an operations manual which includes the particulars specified at sub-paragraph 1(q) of Part A of Schedule 9.

Definitions


“International air navigation” means any flight which includes passage over the territory of anycountry other than the United Kingdom, except any of the Channel Islands, the Isle of Man or anyother relevant overseas territory to which there is power to extend the Civil Aviation Act 1982(b)under section 108(1) of that Act.


AIR TRAFFIC CONTROLLERS—LICENCES, RATINGS, ENDORSEMENTSAND MAINTENANCE OF LICENCE PRIVILEGES

PART A

Air traYc controller licences

Air TraYc Controller’s Licence

1.—(1) The minimum age at which a person may be granted an Air TraYc Controller’s Licence shallbe 20 years.

(2) There shall be no maximum period of validity for an Air TraYc Controller’s Licence.

(3) The privileges of an Air TraYc Controller’s Licence are to—

(a) act as an air traYc controller for any sector or operational position for which a valid rating andendorsement and current unit licence endorsement are included in the licence; and

(b) exercise the privileges of a Student Air TraYc Controller’s Licence.

Student Air TraYc Controller’s Licence

2.—(1) The minimum age at which a person may be granted a Student Air TraYc Controller’s Licenceshall be 18 years.

(2) The maximum period of validity for a Student Air TraYc Controller’s Licence shall be two years.

a)( 1949 c. 54.b)( 1982 c. 16.

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(3) The privileges of a Student Air TraYc Controller’s Licence are to act as an air traYc controllerunder the supervision of another person who is present at the time and who—

(a) is the holder of an air traYc controller’s licence entitling him to provide unsupervised the typeof air traYc control service which is being provided by the student air traYc controller; and

(b) holds an On the Job Training Instructor Licence Endorsement.

PART B

Ratings, rating endorsements and licence endorsements

Inclusion of ratings, rating endorsements and licence endorsements

1. Ratings, rating endorsements and licence endorsements of the classes contained in paragraphs 3and 4 may be included in an air traYc controller’s licence granted under article 108 and, subject to theprovisions of this Order and of the licence, the inclusion of a rating, rating endorsement or licenceendorsement shall have the consequences respectively specified.

Exercise of more than one function

2.—(1) Subject to sub-paragraphs (2) and (3), the holder of a licence which includes ratings of two ormore of the classes specified in paragraph 3 shall not at any one time perform the functions specified inrespect of more than one of those ratings.

(2) The functions of the following ratings may be exercised at the same time—

(a) an Aerodrome Control Instrument Rating and an Approach Control Procedural Rating; and

(b) an Aerodrome Control Instrument Rating and an Approach Control Surveillance Rating,provided that the holder shall not exercise the functions of any Radar Rating Endorsement,Surveillance Radar Approach Rating Endorsement or Precision Approach Radar RatingEndorsement included in the Approach Control Surveillance Rating.

(3) When a surveillance radar approach terminating at a point less than 2 nautical miles from the pointof intersection of the glide path with the runway is being provided under an approach control surveillancerating, no other function under the approach control surveillance rating shall be exercised at the sametime.

Ratings and Rating Endorsements

3.—(1) There shall be the following classes of aerodrome control ratings and endorsements—

(a) an Aerodrome Control Visual Rating shall entitle the holder to act as an air traYc controller inthe course of the provision of an aerodrome control service at an aerodrome with no instrumentapproach or departure procedures;

(b) an Aerodrome Control Instrument Rating shall entitle the holder to act as an air traYc controllerin the course of the provision of an aerodrome control service in accordance with the provisionsof one or more of the following Rating Endorsements—

(i) a Tower Control Rating Endorsement shall entitle the holder to provide an aerodromecontrol service at an aerodrome where the aerodrome control service is not divided into aircontrol and ground movement control;

(ii) a Ground Movement Control Rating Endorsement shall entitle the holder to provide aground movement control service at an aerodrome where the aerodrome control service isdivided into ground movement control and air control;

(iii) a Ground Movement Surveillance Control Rating Endorsement shall entitle the holder of aTower Control Rating Endorsement or a Ground Movement Control Rating Endorsementto use aerodrome surface movement and guidance systems in the provision of an aerodromecontrol service;

(iv) an Air Control Rating Endorsement shall entitle the holder to provide an air control serviceat an aerodrome where the aerodrome control service is divided into ground movementcontrol and air control; provided that nothing in this Order shall prevent the holder of anAir Control Rating Endorsement from using aerodrome surface movement and guidancesystems in the provision of an air control service;

(v) an Aerodrome Radar Control Rating Endorsement shall entitle the holder of an Air ControlRating Endorsement or a Tower Control Rating Endorsement to use radar in the provisionof an aerodrome control service to aircraft flying in the vicinity of the aerodrome; providedthat nothing in this Order shall prevent the holder of an Air Control Rating Endorsementor Tower Control Rating Endorsement from using an aerodrome traYc monitor in theprovision of an aerodrome control service.

157

(2) There shall be the following classes of approach control ratings and endorsements—

(a) an Approach Control Procedural Rating shall entitle the holder to act as an air traYc controllerin the course of the provision of an approach control service, without the use of any surveillanceequipment;

(b) an Approach Control Surveillance Rating shall entitle the holder to act as an air traYc controllerin the course of the provision of an approach control service with the use of surveillanceequipment in accordance with the provisions of one or more of the following RatingEndorsements—

(i) a Radar Rating Endorsement shall entitle the holder to use radar in the provision of anapproach control service except for anything authorised by a specific rating endorsementbelow;

(ii) a Surveillance Radar Approach Rating Endorsement shall entitle the holder of a RadarRating Endorsement to provide ground controlled non-precision radar approaches withthe use of surveillance radar equipment;

(iii) a Precision Approach Radar Rating Endorsement shall entitle the holder of a Radar RatingEndorsement to provide ground controlled precision approaches using precision approachradar equipment;

(iv) a Terminal Control Rating Endorsement shall entitle the holder of a Radar RatingEndorsement to provide a terminal control service;

(v) an OVshore Rating Endorsement shall entitle the holder of a Radar Rating Endorsement toprovide an oVshore service;

(vi) a Special Tasks Rating Endorsement shall entitle the holder of a Radar Rating Endorsementto provide a special tasks service.

(3) There shall be the following classes of area control ratings and endorsements—

(a) an Area Control Procedural Rating shall entitle the holder to act as an air traYc controller in thecourse of the provision of an area control service without the use of any surveillance equipmentexcept for anything authorised by the rating endorsement below;

(i) an Oceanic Control Rating Endorsement shall entitle the holder to provide an area controlservice in the Shanwick Oceanic Control Area;

(b) an Area Control Surveillance Rating shall entitle the holder to act as an air traYc controller inthe course of the provision of an area control service with the use of surveillance equipment inaccordance with the provisions of one or more of the following Rating Endorsements—

(i) a Radar Rating Endorsement shall entitle the holder to use radar in the provision of an areacontrol service;

(ii) a Terminal Control Rating Endorsement shall entitle the holder of a Radar RatingEndorsement to provide a Terminal Control Service;

(iii) an OVshore Rating Endorsement shall entitle the holder of a radar rating endorsement toprovide an oVshore service;

(iv) a Special Tasks Rating Endorsement shall entitle the holder of a radar rating endorsementto provide a special tasks service.

Licence Endorsements

4.—(1) An Examiner Licence Endorsement shall entitle the holder to sign a unit licence endorsement inrespect of—

(a) the air traYc control services that his air traYc controller licence entitles him to provide; or

(b) such other air traYc control services as the CAA may authorise for that holder.

(2) An On the Job Training Instructor Licence Endorsement shall entitle the holder to supervise and giveoperational air traYc control instruction to the holder of a Student Air TraYc Controller’s or Air TraYcController’s Licence in relation to an air traYc control service which his Air TraYc Controller’s Licenceentitles him to provide.

(3) A Unit Licence Endorsement—

(a) specifies the aerodrome or place at which the holder is entitled to exercise the privileges of hislicence and the validity of any ratings, rating endorsements or licence endorsements included inthe licence; and

(b) is valid for the period of 12 months beginning with the date of issue or the date of renewal.

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AIR TRAFFIC SERVICE EQUIPMENT—RECORDS REQUIRED ANDMATTERS TO WHICH THE CAA MAY HAVE REGARD

PART A

Records to be kept in accordance with article 125(1)

(1) A record of any functional tests, flight checks and particulars of any maintenance, repair, overhaul,replacement or modification.

(2) Subject to paragraph (3), the record shall be kept in a legible or a non-legible form so long as therecord is capable of being reproduced by the person required to keep the record in a legible form and itshall be so reproduced by that person if requested by an authorised person.

(3) In any particular case the CAA may direct that the record is kept or be capable of being reproducedin such a form as it may specify.

PART B

Records required in accordance with article 125(4)(c)

Each recordmade by the apparatus provided in compliance with article 125(2) or (3) shall be adequatelyidentified and in particular shall include—

(a) the identification of the aeronautical radio station;

(b) the date or dates on which the record was made;

(c) a means of determining the time at which each message or signal was transmitted or received;

(d) the identity of the aircraft to or from which and the radio frequency on which the message orsignal was transmitted or received; and

(e) the time at which the record started and finished.

PART C

Matters to which the CAA may have regard in granting an approval of apparatus in accordance witharticle 125(5)

(1) The purpose for which the apparatus is to be used.

(2) The manner in which the apparatus has been specified and produced in relation to the purpose forwhich it is to be used.

(3) The adequacy, in relation to the purpose for which the apparatus is to be used, of the operatingparameters of the apparatus (if any).

(4) The manner in which the apparatus has been or will be operated, installed, modified, maintained,repaired and overhauled.

(5) The manner in which the apparatus has been or will be inspected.


AERODROME MANUAL

Information and instructions relating to the following matters shall be included in the aerodromemanual referred to in article 128—

(a) the name and status of the oYcial in charge of day to day operation of the aerodrome togetherwith the names and status of other senior aerodrome operating staV and instructions as to theorder and circumstances in which they may be required to act as the oYcial in charge;

(b) the system of aeronautical information service available;

(c) procedures for promulgating information concerning the aerodrome’s state;

(d) procedures for the control of access, vehicles and work in relation to the aerodromemanoeuvring area and apron;

(e) procedures for complying with article 142 and for the removal of disabled aircraft;

(f) in the case of an aerodrome which has facilities for fuel storage, procedures for complying witharticle 137;

(g) plans to a scale of 1:2500 depicting the layout of runways, taxiways and aprons, aerodromemarkings, aerodrome lighting if such lighting is provided, and the siting of any navigational aidswithin the runway strip; provided that in the case of copies or extracts of the manual providedor made available to a member of the aerodrome operating staV, the plans shall be of a scalereasonably appropriate for the purposes of article 128(9);

159

(h) in respect of an aerodrome in relation to which there is a notified instrument approachprocedure, survey information suYcient to provide data for the production of aeronauticalcharts relating to that aerodrome;

(i) description, height and location of obstacles which infringe standard obstacle limitationsurfaces, and whether they are lit;

(j) data for and method of calculation of declared distances and elevations at the beginning and endof each declared distance;

(k) method of calculating reduced declared distances and the procedure for their promulgation;

(l) details of surfaces and bearing strengths of runways, taxiways and aprons;

(m) the system of the management of air traYc in the airspace associated with the aerodrome,including procedures for the co-ordination of traYc with adjacent aerodromes, except any suchinformation or procedures already published in any manual of air traYc services;

(n) operational procedures for the routine and special inspection of the aerodrome manoeuvringarea and aprons;

(o) if operations are permitted during periods of low visibility, procedures for the protection of therunways during such periods;

(p) procedures for the safe integration of all aviation activities undertaken at the aerodrome;

(q) procedures for the control of bird hazards;

(r) procedures for the use and inspection of the aerodrome lighting system, if such a system isprovided; and

(s) the scale of rescue, first aid and fire service facilities, the aerodrome emergency procedures andprocedures to be adopted in the event of temporary depletion of the rescue and fire servicefacilities.


PENALTIES

PART A

Provisions referred to in article 148(5)

Article of Order Subject Matter

3 Aircraft flying unregistered

5 Aircraft flying with false or incorrect markings

14(1)(a) Flight without appropriate maintenance

14(1)(b) Flight without a certificate of maintenance review

15 Failure to keep a technical log

16 Flight without a certificate of release to service issued under the Order orunder paragraph 21A.163(d) of Part 21

17 Flight without a certificate of release to service issued under Part 145

18(7) and (8) Exercise of privileges of aircraft maintenance engineer’s licence or an aircraftmaintenance licence whilst unfit or drunk etc.

19 Flight without required equipment

20 Flight without required radio communication or radio navigation equipment

21 Minimum equipment requirements

22 Failure to keep log books

23 Requirement to weigh aircraft and keep weight schedule

25 Crew requirement

28, 30(2) and 31(1) Requirement for appropriate certificate of test or experience

29 and 31(2) Requirement for appropriate certificate of revalidation

30(1) Requirement for valid rating

32(1) Flight without valid medical certificate

32(4) Flight in unfit condition

33(1) Prohibition of flight after failure of test

36 Instruction in flying without appropriate licence and rating

38 Operations manual requirement

39 Police operations manual requirement

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40 Training manual requirement

42 Operator’s responsibilities in connection with crew

43 Requirements for loading aircraft

44 and 45 Operational restrictions on aeroplanes and helicopters

46 Prohibition on public transport flights at night or in InstrumentMeteorological Conditions by non-United Kingdom registered single enginedaeroplanes

47 Aerodrome operating minima—United Kingdom registered public transportaircraft

48 Aerodrome operating minima—public transport aircraft registered elsewherethan in the United Kingdom

49 Aerodrome operating minima—non-public transport aircraft

50 Requirement for pilot to remain at controls

52 Pre-flight action by commander of aircraft

53 Requirement for passenger briefing

54 Additional duties of commander on flight for public transport of passengers

55 Requirement for radio station in aircraft to be licensed and for operation ofsame

56 Requirement for minimum navigation performance equipment

57 Requirement for height keeping performance equipment—aircraft registeredin the United Kingdom

58 Requirement for height keeping performance equipment—aircraft registeredelsewhere than in the United Kingdom

59 Requirement for area navigation equipment and required navigationperformance—aircraft registered in the United Kingdom

60 Requirement for area navigation equipment and required navigationperformance—aircraft registered elsewhere than in the United Kingdom

61 Requirement for an airborne collision avoidance system

62 Use of flight recording systems and preservation of records

63 Towing of gliders

65 Towing, picking up and raising of persons and articles by aircraft

66 Dropping of articles and animals from aircraft

67 Dropping of persons and requirement for parachuting permission

68 Requirement for aerial application certificate

71 Carriage of persons in or on any part of an aircraft not designed for thatpurpose

72 Requirement for exits and break-in markings

76 Prohibition of smoking in aircraft

77 Requirement to obey lawful commands of aircraft commander

78(a) and (b) Acting in a disruptive manner

79 Prohibition of stowaways

80 Flying displays

82(3) Operator’s obligation to obtain flight time records of flight crew

83(2) Flight crew member’s obligation to inform operator of flight times

84 Flight time limitations for flight crew

95 Breach of the Rules of the Air

96 Flight in contravention of restriction of flying regulations

97 Flight by balloons, kites, airships, gliders and parascending parachutes

98 Flight by small aircraft

99 Launching of rockets

101 Requirement for an approved provider of air traYc services to be satisfied asto competence of air traYc controllers

103 Provision of air traYc services

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104 Requirement to comply with an air traYc direction

105 Requirement to comply with an airspace policy direction

106 Use of radio call signs at aerodromes

107 Requirement for licensing of air traYc controllers

121 Requirement for licensing of flight information service oYcers

123 Requirement for flight information service manual

124 Use of air traYc service equipment

125 Requirement to keep air traYc service equipment records

126 Requirement for use of licensed aerodrome

128(4) Contravention of conditions of aerodrome licence

132 Use of aeronautical lights

133 Requirement to light en-route obstacles

134 Requirement to light oVshore wind turbine generators

135(1) Prohibition of dangerous lights

135(2) Failure to extinguish or screen dangerous lights

137(1) and (3) Management of aviation fuel at aerodromes

146 Obstruction of persons performing duties under the Order

PART B



6 Flight for the purpose of public transport without an air operator’s certificate

7 Flight in the service of a police authority without a police air operator’scertificate

8 Flight without a certificate of airworthiness

26 Requirement to hold an appropriate flight crew licence

69 Prohibition of carriage of weapons and munitions of war

70(2) Requirements for the carriage of dangerous goods

74 Endangering safety of persons or property

75 Prohibition of drunkenness in aircraft

78(c) Intentional interference

82(1) Operator’s obligation to regulate flight times of crew

82(2) Operator’s obligation not to allow flight by crew in dangerous state of fatigue

83(1) Crew’s obligation not to fly in dangerous state of fatigue

85 Protection of air crew from cosmic radiation

87 Keeping and production of records of exposure to cosmic radiation

94 (except (3) Use of false or unauthorised documents and records

100 Provision of an air traYc control service without an approval

115 Controller’s obligation not to act in a dangerous state of fatigue

116 Prohibition of acting under the influence of drink or a drug

137(4) Use of aviation fuel which is unfit for use in aircraft

138 Restriction of carriage for valuable consideration by aircraft registeredelsewhere than in the United Kingdom

140 Restriction of flights for aerial photography, aerial survey and aerial work byaircraft registered elsewhere than in the United Kingdom

141 Operators’ or commanders’ obligations in respect of flights over any foreigncountry

142(5), (6) and (7) Failure to report an occurrence

162


142(8) Making a false occurrence report

144 Flight in contravention of direction not to fly

PART C



73 Endangering safety of aircraft


PARTS OF STRAITS SPECIFIED IN CONNECTION WITH THE FLIGHT OFAIRCRAFT IN TRANSIT OVER UNITED KINGDOM TERRITORIAL WATERS

1. The following parts of the straits named hereafter are hereby specified for the purposes of article150(4);—

(1) in the Straits of Dover, the territorial waters adjacent to the United Kingdom which are—

(a) to the south of a rhumb line joining position 51)08*23+ north latitude: 1)23*00+ east longitudeand position 51)22*41+ north latitude: 1)50*06+ east longitude; and

(b) to the east of a rhumb line joining position 50)54*33+ north latitude: 0)58*05+ east longitude andposition 50)43*15+ north latitude: 0)51*39+ east longitude;

(2) in the North Channel, the territorial waters adjacent to the United Kingdom which are—

(a) to the north of a rhumb line joining position 54)13*30+ north latitude: 5)39*28+ west longitudeand position 54)09*02+ north latitude: 5)18*07+ west longitude;

(b) to the west of a rhumb line joining position 54)26*02+ north latitude: 4)51*37+ west longitude andposition 54)38*01+ north latitude: 4)51*16+ west longitude; and

(c) to the east of a rhumb line joining—

(i) position 55)40*24+ north latitude: 6)30*59+ west longitude and position 55)29*24+ northlatitude: 6)40*31+ west longitude;

(ii) position 55)24*54+ north latitude: 6)44*33+ west longitude and position 55)10*15+ northlatitude: 6)44*33+ west longitude;

(3) in the Fair Isle Channel, the territorial waters adjacent to the United Kingdom which are—

(a) to the north of a rhumb line joining position 59)10*54+ north latitude: 2)01*32+ west longitudeand position 59)33*27+ north latitude: 2)38*35+ west longitude; and

(b) to the south of a rhumb line joining position 59)51*06+ north latitude: 0)52*10+ west longitudeand position 59)51*06+ north latitude: 1)46*36+ west longitude.

2. The parts of each of the Straits specified in paragraph 1 are shown hatched on Charts A, B and Crespectively.

163

CHART A

164

CHART B

165

CHART C

166

EXPLANATORY NOTE

(This note is not part of the Order)

1. Changes consequential upon the establishment of the European Aviation Safety Agency andits Implementing Rules

(1) Changes are made to reflect the fact that certificate of airworthiness for most categoriesof United Kingdom registered aircraft are now issued under Regulation (EC) No 1592/2002 ofthe European Parliament and of the Council of 15 July 2002 on common rules in the field of civilaviation and establishing a European Aviation Safety Agency(a) (defined as “the Basic EASARegulation”) and implementing rules made under that regulation.

(2) Aircraft which are subject to the Basic EASA Regulation are defined as EASA aircraft.

(3) For a transitional period the circumstances in which an EASA permit to fly may be issuedto an EASA aircraft are the same as those for the issue of a national permit to fly (article 12made under section 2(2) of the European Communities Act 1972(b)).

(4) An EASA aircraft to which the EASA implementing rule entitled Part 145 applies shallnot fly unless there is in force a certificate of release to service issued under that Part (article 17made under section 2(2) of the European Communities Act 1972(c)).

(5) The equipment required to be carried in an EASA aircraft must be installed in a mannerapproved by EASA (articles 19, 20, 56, 57 and 59).

(6) Performance classes 1, 2 and 3 for helicopters are defined and are used in place ofperformance groups specified in the certificate of airworthiness as criteria to determine thecarriage of equipment and the applicable performance requirements for helicopters flying forthe purpose of public transport (article 19 and Schedule 4 and articles 45 and 155).

(7) Aeroplanes flying for the purpose of public transport are required to comply with theperformance requirements specified in JAR OPS 1 adopted by the Joint Aviation Authority.The CAA may permit aircraft to continue to comply instead with the performancerequirements set out in the Air Navigation (General) Regulations 2005 (article 44).

2. Requirement for carriage of Mode S secondary surveillance radar equipment

New and more capable secondary surveillance radar equipment known as Mode S must becarried by specified categories of aircraft when flying within busy airspace around majorairports and along major airways (Schedule 5 and Scale E2 and E3).

3. Requirement for carriage of airborne collision avoidance system

Specified categories of aeroplanes registered in the United Kingdom must be equipped withan airborne collision avoidance system if flying for the purpose of public transport or flyingwithin the airspace of any member of the European Civil Aviation Conference. Any suchaircraft, wherever it is registered, must be so equipped when flying in the United Kingdom(Schedule 5 and Scale J).

4. Requirement for carriage of area navigation systems in designated airspace

(1) Designated required navigation performance airspace is defined. United Kingdomregistered aircraft must not fly within such airspace, wherever in the world it may be, unlessequipped with area navigation systems capable of maintaining the navigation performancecapability specified for the airspace (unless otherwise authorised by the appropriate air traYccontrol unit) (article 59).

(2) Aircraft which are registered elsewhere than in the United Kingdom must not fly withinany such airspace in the United Kingdom unless equipped with area navigation systems whichcomply with the law of the country in which they are registered and that equipment is capableof maintaining the navigation performance capability notified for the airspace (article 60).

a)( O.J. No. L240 of 7.9.2002, page 1 to which there are amendments not relevant to this Order.b)( 1972 c. 68; the powers conferred by section 2(2) were extended, in relation to the EEA, by section 2 of the European

Economic Area Act 1993 (c. 51).c)( 1972 c. 68; the powers conferred by section 2(2) were extended, in relation to the EEA, by section 2 of the European

Economic Area Act 1993 (c. 51).

167

5. Lighting of oVshore wind turbine generators

Wind turbine generators situated oVshore within United Kingdom territorial waters must befitted with obstacle lighting (article 134).

6. Requirements for carriage of Emergency Locator Transmitter and means of measuringoutside air temperature

(1) An aeroplane or helicopter of a specified description registered in the United Kingdommust when flying in specified circumstances be equipped with an Emergency LocatorTransmitter having specified characteristics.

(2) All aircraft registered in the United Kingdom flying for the purpose of public transportwill be required to carry a means of indicating the outside air temperature (Schedule 4 andScale F).

7. Penalty for flying without an appropriate licence

If a person acts as a member of the flight crew without holding an appropriate licence, he willbe liable on summary conviction to a fine not exceeding the statutory maximum and onconviction on indictment to a fine or imprisonment for a term not exceeding two years or both(article 148(6) and Schedule 12 Part B).

8. Occurrence Reporting

Article 142 implements into UK law the provisions of Directive 2003/42/EC of the EuropeanParliament and of the Council(a) on occurrence reporting in civil aviation (“The Directive”) inso far as those provisions do not already form part of UK law. The article replaces provisionscontained in Article 117 of the Air Navigation Order 2000(b). Article 142(1) and (2) set out theobjective of the article: to contribute to the improvement of air safety. Paragraph (3) states inwhat circumstances the article will apply. Paragraph (4) makes reference to the list of examplesof occurrences set out in Annexes I and II (and their Appendices) of the Directive. Paragraph(5) lists the classes of person who are required to report an event which constitutes anoccurrence for the purpose of paragraph (3). The requirement to report only applies in respectof matters which come to the person’s attention during the exercise of their functions.Paragraph (6) states that reports are to be made in accordance with the requirements of theCAA; paragraph (7) states that a person listed in paragraph (5) shall make a report ofinformation in his possession relating to a report under the article in accordance with a noticeserved by the CAA. Paragraph (8) forbids a person from making a report under the articlewhich he knows or believes to be false. Paragraph (9) requires the CAA as the competentauthority to put in place a mechanism to collect, evaluate, process and store occurrencesreported in accordance with paragraph (5). Paragraph (10) requires the CAA to store in itsdatabases reports received by it of occurrences, accidents and serious incidents. Paragraph (11)requires the CAA to make all relevant safety-related information collected under paragraph(5), and stored in its database, available to the competent authorities of the other MemberStates and the Commission. The CAA must ensure that databases which it maintains arecompatible with software developed by the Commission (paragraph (12). The CAA, havingreceived an occurrence report, is required to enter it into its database and to notify, asappropriate, the competent authority where the occurrence took place; where the aircraft isregistered; where it was manufactured; and where the air operator’s certificate was granted (13).Paragraph (14) requires the CAA to provide any entity entrusted with regulating civil aviationsafety, or with investigating civil aviation accidents and incidents, within the Community, withaccess to information on occurrences collected and exchanged, in order to enable it to drawsafety lessons. Paragraph (15) requires the CAA and the Chief Inspector of Air Accidents touse any information received solely for the purposes set out in the article. Article (16) requiresthat the names and addresses of individuals shall not be recorded on the database relating tomandatory reports. Paragraph (17) requires that no proceedings are to be instituted in respectof unpremeditated or inadvertent infringements of the law, which come to the attention of therelevant authorities only because they have been reported under the article, except in the caseof gross negligence. Paragraph (18) states that the article is to apply without prejudice to therights of access to information by judicial authorities. Paragraph (19) states that the CAA isto put in place a system of voluntary reporting to collect and analyse information on observeddeficiencies in aviation, which are perceived by the reporter as a potential hazard. Paragraph

a)( O.J. L167, 4.7.2003, p. 23.b)( S.I. 2000/1562.

168

(20) requires that all personal details relating to the reporter, and technical details which mightlead to his identity, or that of third parties, being discovered must be removed. Paragraph (21)requires that the relevant safety information deriving from the analysis of these reports, isstored and made available to all parties, so that it can be used to improve safety in aviation.

The failure to report an occurrence under paragraphs (5) to (7), and the making of a falsereport under paragraph (8), constitute oVences. These are punishable on summary convictionby a fine not exceeding the statutory maximum, and on conviction on indictment by a fine orimprisonment for a term not exceeding two years or both.

A full regulatory impact assessment has not been produced for the implementation of theoccurrence reporting requirements as it has no impact on the cost of business.

Annexes to the Chicago Convention can be purchased from—

Airplan Flight Equipment Ltd1A Ringway Trading EstateShadowmoss RoadManchester M22 5LHEngland UK;

or

Labeline (Air, Sea and Road)Holly House14 Tenby RoadFrimleySurrey GU16 5UT

Joint Service Publication 550 and Aviation Publication 67 may be obtained from:Customer ServicesDSDC(L)Mwrwg RoadLlangennechLLANELLICarmsSouth Wales SA14 8YP

Aviation Publication 67 is also available on line athttp://www.ams.mod.uk/ams/content/docs/flyregs/avp67.pdf

Joint Aviation Requirements can be purchased from:RapidocCWilloughby RoadBracknellBerkshire RG12 8DW

and are also available on line at http://www.jaa.nl/jars—npas/jarsec1.html

CAP 168 can be purchased from:TSOPO Box 29NorwichNR3 1GN

and is also available on line at http://www.caa.co.uk/docs/33/CAP168.PDF

Save in the case of the provisions relating to occurrence reporting referred to in paragraph8 above, Regulatory Impact Assessments have been produced and a copy placed in the libraryof both Houses of Parliament. Copies may be obtained from the Department for Transport,76 Marsham Street, London, SW1P 4DR. Alternatively copies can be obtained from theDepartment for Transport’s website which is at www.dft.gov.uk.

A transposition note has been prepared and copies can be obtained from the Department forTransport, 76 Marsham Street, London, SW1P 4DR.

169

TABLE OF COMPARISON

(This Table is not part of the Order)

The following Table shows, in relation to each article of the Air Navigation Order 2000, asamended, the article of the 2005 Order in which it is reproduced.

2000 Order as amended 2005 Order

1 12 23 34 45 56 67 78 89 99A 119B 1310 1411 1512 1613 1814 1915 2016 2117 2218 2319 2420 2521 2622 2723 2824 2924A 3025 3126 32 and 3327 3428 3529 3630 3731 3832 3933 4034 4234A 4135 4336 44 and 4537 4638 4739 4840 4941 5042 5143 5244 5345 5446 5547 5648 5749 58

170


50 5951 6052 6153 6254 6354A 6455 6556 6657 6758 6859 6960 7061 7162 7263 7364 7465 7566 7667 7768 7869 7970 8071 8172 8273 8374 8475 8576 8677 8778 8878A 8979 9080 9181 9282 9383 9484 9585 9686 9787 9887A 9988 10088A 10189 10290 10390A 10490B 10591 10692 10893 11994 10794A 10994B 11094C 11194D 11294E 11394F 11794G 11894H 120

171


95 11496 11697 11598 12299 121100 123101 126102 127103 128104 124105 125106 129107 130108 131109 132109A 133110 135111 136112 137113 138114 139115 140116 141117 142117A 143118 144119 145120 146121 147122 148123 149124 150125 151126 152127 153128 154129 155 & 156130 157-163131 168132 164133 165134 167

? Crown copyright 2005

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E0942 8/2005 150942 19585